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HomeMy WebLinkAbout19590810_regular202 8/3/59 IAotion €or adoption of Resolution was second five ayes and no nays, as Eollov~: Beim, ay , aye; Kohler, aye; Tupa, ayq and Bredesen, aye; and the Resolution was ad , and on Rollcall there were Mayor Village Clerk The evening's agenda's having been covered, f.layor medesen declared the meeting adjourned. Adjournment at 12:03 A.M. , Tuesday, )fl$ust 4. Village Clerk I I'..II€!UTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD IK)NDAY, AUGUST 10, 1959, AT 7:OO P.M. , AT THE EDINA VILLAGE HALL. IGembers answering Rollcall were Eeim, Dickson , Cohler, Tupa and Bredesen. Minutes of the July 27th Regular Meeting were approved as subnitted, by motion Kohler, seconded by Tupa and carried. PUBLIC HEARING ON PEOPOSED CONSTRUCTION OF SANITARY LATERAL SEWER IN P1IIRROR LAKES DRIVE FROM THE EXISTING TRUNK TO INCLUDE 5128 AND 5129 MIRROR LAKES DRIVE. Affidavit of . Publication in Edina-Morninsside Courier July 30 and Auqust 6, 1959 of "Notice of Hearing" was presented, appioved as to form and ordered-placed on file. said Hotice, Hearing was conducted and action taken as hereinafter recorded. Manager Hyde explained that Hearing, tonight, is the result of a petition filed some time ago for "sanitary sewer providing Village can guarantee water service by 1961". He reported to audience that the Council has abandoned the construction ofa Trunk Water- main because of objections from the people proposed to be assessed; and inquired as to whether sewer is still desired by the Mirror Lakes group. Estimate of Cost for the project was given at $17,599.80, assessable over 16 lots, for $1,099.99 per lot. Mr. McDermid, sponsor of the combination petition, stated that he has no authority to speak for anyone but himself insofar as sewer installation is concerned,inasmuch as the watermain project will not be done. Dr. Trueman, 5125 Mirror Lakes Drive, protested installation of sanitary sewer at this time, stating that future con- struction of a watermain will just add to the expense of the people on Mirror Lakes Drive; that utilities should be installed together, to save re-blacktopping costs. At a question from the Council he stated he would not protest sewer construction providing watermain construction could be had at the same time. Mirror Lakes Drive, told council there is a definite emergency at her home--that her family will have to do something before winter, to secure sewer service before winter. Kohler moved that this Public Hearing be continued to Monday, August 24, at 7:OO P.M. Motion seconded by Tupa and carried. Pursuant to Fhs. Kempf, 5129 Discussion was had by Council (see action on trunk watermain hearing), and RE-HEARING ON TRUNK V!ATERMAIM FOR ROLLING GREEN-MIRROR LAKES AREA ORDERED. In the course of the discussion on the proposed Sanitary sewer for Mirror Lakes Drive considerable review was made on the public hearing held July 27 on a proposed trunk watermain; and on the recently publicized water contamination difficulties being had by Bloomington. Trustee Kohler told the Council he believed that the people in the area had not been sufficiently informed as to the advantages of this proposed trunk main he feels that after they have had some time to think the matter out they will be agreeable to it. He said, too, that he feels that while the construction of lateral mains should be by due democratic processes the Village Council should take more leadership in the installation of trunk utilities. He then offered the following Resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING I PROPOSED VIATERMAIN IMPROVEUENT BE IT RESCLVED by the Council of the Village of Edina: as to the feasibility of the proposed watermain Improvement described in the Form of Notice of Hearing 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. 2. This Council shall meet on Monday, August 24, 1959, at 7:OO P.&y in the Edina Village Hall, to consider in public hearing the views of all persons interested in said proposed improvement. The clerk is hereby authorized and directed to cause notice of the time, 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 substantially the following form: 1. The Village Engineer, having submitted to the Council a preliminary report . 3. 8/10/59 NOTICE OF PUBLIC HEARING 203 .rr* ON PROPOSED *'af L TRUNK WATERNIAIN IMPROVEMENT NOTICE IS HEREBY GIVEN that the Edina Village Council will meet at the Edina Village Hall on Monday, August 24, 1959, at 7:OO P.M., to consider the following proposed improvement to be constructed under the authority granted by Minnesota Laws of 1953, Chapter 398. Engineer as set forth below: The approximate cost of said improvement is estimated by the village L- ESTIMATED COST 1 . COhISTRUCTION OF VILLAGE TRUNK WATERMAIN AND APPURTENANCES IN THE FOLLOWING STREETS: A. Interlachen Blvd. from Cooper Am. to Mirror Lakes Drive; Mirror.Lakes Drive from Interlachen Blvd. to ~~56th St.; W.56th St. from MirDor Lakes Drive to Chantrey Rd. and Along Hwy. 8169-212 from Chantrey Rd. to Tracy Ave. $115,995.00 Hw~. @69-212 * The area proposed to be assessed for the cost of the Trunk Watermain includes all lots and tracts of land within the following described boundaries: "Commencing at the intersection of the centerline of U.S. Highway #169 and the Southerly extension of the West line of Lot 7, Block 2, Mirror Lakes Meadow- Wood Second Addition to Edina Highlands; thence in a general Northeasterly the Southerly extension of the East line of the West 477.5 feet of Section 28, Township 117, Range 21; thence North along said East line to the centerline of West 52nd Street; thence West along the centerline of West 52nd Street to the c3 west line of Section 28, Township 117, Range 21; thence West along the South line of Skyline to the Southwest corner thereof; thence Northerly to the South- m t.2 4 east corner of Lot 5, Block 3, Victorsen's East Mirror Lakes Addition; thence L9 Northerly along the East line of said Addition and its Northerly extension to the centerline of Interlachen Blvd.; thence Easterly along the centerline of Interlachen Blvd. to its intersection with the Southerly extension of the West line of Lot 4, Brum's Subdivision; thence Northerly to the Northwest corner of said Lot 4; thence Northwesterly to the Northwest corner of Lot 3, Brum's Sub- division; thence Northerly to the Northwest corner of Lot 1, mum's Subdivision; thence VJesterly to the Noethwest corner of Lot 7, Bmm's Subdivsion; thence Northerly along the East line of Rolling Green Addition and its Noetherly extension to the North line of Section 29, Township 117, Range 21; thence West- erly along the North line of said Section 29 to the Northwest corner of Gunnar Johnson's Second Rearrangement of Rolling Green; thence South to the Northwest corner of Lot 6, Gilwood Addition; thence Southeasterly to the Northeast corner of Lot 5, Gilwood Addition; thence Southeasterly to the Northwest corner of Lot 36, Rolling Green; thence Southeasterly along the West line of said Lot 36 and its Southeasterly extension to the centerline of Interlachen Blvd.; thence Easterly along the centerline of Interlachen Blvd. to a point distant 190 feet West of the centerline of Mirror Lakes Drive; thence South to the West line of Mirror Lakes Drive; thence Southwesterly along the West line of Mirror Lakes Drive to the most Easterly corner of Lot 1, Block 2, Mirror Lakes in Edina; thence Northwesterly along the Northeasterly line of said Lot 1 a distance of 193.35 feet; thence North 174.54 feet; thence West to the Northwest corner of said Lot 1; thence Southerly along the rear lot lines of Lots 1-8, Block 2, Mirror Lakes in Edina to the Southwest corner of Lot 8, Block 2, Mirror Lakes in Edina; thence Westerly to the Northwest corner of Lot 11, Block 3, Mirror Lakes in Edina; thence Southeasterly along the Westerly lines of Lots 11 and 12 to the most Southerly corner of Lot 12 said Block 3; thence Southeasterly to the most Southerly corner of Lot 2 said Block 3; thence in a general Southerly direction along the West lines of Lots 3-9, Block 3, Mirror Lakes in Edina to the Southwest corner of Lot 9 said Block 3; thence Easterly to the Northwest corner of Lot 1, Block 3, Mirror Lakes Meadow-Wood Addition to EdinaoHighlands; thence South 0' 26' 20" West a distance of 600 feet; thence North 89 West a distance of 43 feet; thence Southerly to the southwest corner of Lot 6, Block 3, Mirror Lakes itileadow-Qood Addition to Edina Highlands; thence Southerly to the Southwest corner of Lot 4, Block 2, Mirror Lakes Meadow-Wood Second Addition to Edina Highlands; thence Easterly to the Northeast corner of Lot 5 said Block 2; thence Southerly to the Southeast corner of said Lot 5; thence South 21' 33' 58" East a distance of 53.79 feet; thence East along the South line of Lot 6, Block 2, Mirror Lakes Meadow-li\lood Second Addition to Edina Highlands to the West line of Lot 7 said Block 2; thence Southerly along the West line of said Lot 7 and its Southerly extension to the centerline oE U.S. Highway #169 which is the place of beginning." . direction along the centerline of said Highway #169 to its intersection with *--1 I 53' 40" I GRETCHEN S. ALDEN Village Clerk Motion for adoption of Resolution was seconded by Tupa, and on Rollcall there were four ayes and one nay as follows: Beim, ay and medesen, aye; and the Resolution was a AT-ST : on, nay; Kohler, aye; Tupa, aye; e' . Village Clerk BSCDhVIFil HEIGHTS BLOCK 8 (CORldER H'IY.#lOO JWD 1'1.70TH ST.) TO BE USED BY PAVII-IG CONTRACTOR. block as a base for pouring his concrete (batching plant) while he laying the streets; that they will be willing to grant permission but would like Council permission to do SO. They also asked that contractor be required by the Village to return the property to its present condition, but Wanager Hyde suggested that this agreement be made between 1.k. Stow and the contractor-to which suggestion klr. Brown agreed. was informally agreeable to use of property by contractor. No action was taken. Attorney Hosmer Brown and Ma. E.C. Stow told Council that the Paving ,Contractor €or the Brookview Heights Subdivisions Streets had requested to use this Council GAVIN LAND STOrn.1 DRAIN EASELENTS REFERRED TO VILLAGE ATTORNEY. that after the meeting at which Council. ordered condemnation of storm drainage ease- ments, attorneys Spencer and Joseph worked on the matter and decided that for the Village to Eaep the drainage there was no need to condemn--that there was nothing €or the village to do on condemnation for drainage--that this was primarily a civil matter for adjoining property owners of the Stow Company to institute proceedings. Attorney Hasselquist told Council that there are two possible routes for the proposed storm server, one route using this particular area for a ponding are; that if the Village does want this, there is no reason not to use the area now, while the need is so great. route, which would be cheaper, using this pond. the Village wishes to bring injunction proceedings it is permissible for it to do sa. Engineer Zikan stated that Planning Director Hite expects to get easements for the water to pocket in the new Balthrop plat to the North of the Gavin property, but that an easement would still have to be obtained for flowage through the Gavin property, 1.k. Stow explained that drainage easements had been given through the Floten-Smith properties in Lake Edina Addition but that the water now stays in the street and that the overflow backs up into their back yards, flooding their basement. that the ponding area has been reduced by the filling of the Balthrop land. Attorney Brow stated that while property owners can bring an injunction against Llr. Gavin he is afraid that this will be a recurring problem and feels that the Villagi does have a moral responsibility in the matter. Trustee Kohler asked if removal of the Gavin dam will solve the problem, and hlr. Stow replied that it will solve the problem insofar as water in the back yards is concerned but not the problem of the water standing in the street. him to investigate as to what easements and rights the Village now has, and needs-- that it may be possible for the Village to have the barricade removed; that condemnation will take longer. Llr. Stow stated that if the property should have to be condemned, the cost of acquisition should be assessed against the 60-some lots benefited. Matter referred to Village Attorney Hasselquist for investigat$on and report to Council in two weeks. Manager Hyde explained 1.k. Hyde said that Engineer Barr has worked out an alternate storm sewer LIr. Hasselquist reported that if It was reported Attorney Hasselquist Asked that the Council permit IFJPROVEP.I€NT PFTITIORS ACCEPTED. The following Improvement Petitions were filed, and Tupa moved for acceptance and referral to Village Engineer for programming. seconded by Dickson and carried. l.1otion 1. ELACKTOPPING - I'Iestwood Court. 2, ~~e~~de-§~09-6~eve-Str 3. OILING - Grove St., Hanson Rd. to Dale Ave.; Hanson Rd., VI. to include 5509 Grove St. 4, Ave., VI.65th to W.66th St. 5. BLACKTOPPIKG - ?.lark Terrace Drive, Valley View Rd. to Dead End. 6, f?ATERlvlkIPf - Brookview Ave., 6100 Block. 7. OILING - Concord Ave., V1.62nd to VJ.63rd St. @+fF~k/G 8. CURB AKD GUTTER - Brittany Rd. from lL-&%hS . o Dunberry Lane; Dunberry 9. BLACIgOPPII.lG - Same as above. OILING - Benton he., Hanson Rd. to Crescent Drive; Ha~see-Rd~+'!~-+e OILIKG - W.66th St., I'lilryan Ave. to 1/2 B1. E. of Tingdale Ave.; Tingdale Zane, Brittany Rd. to Rest Shore Drive. PEARCE ZONI1IG PETITIOiJS TABLED UNTIL NEXT MEETING. Misses Pearce, asked for Council action on petitions recently filed for the Rezoning to Regional Shopping District of - 1. South 600 Ft. of Lot 5, Cassin's Outlots; and 2. W.66th Street Triangle. Planning Commission recommendations of August 5, insofar as the petition for the South 600 Ft. of Lot 5 is concerned, were reviewed. At an inquiry from Xr. Brill, Engineer Zikan told Council he does not know why the Cormission failed to act on the petition for the triangle; that it is his opinion that insofar as the first petition is concerned, the Commission wants plans for the both the area petitioned for rezoning and for the balance of the property. took issue with this request, stating his client has the right to have the property rezoned before plans are made; that one cannot have plans made before one has a customer; that one cannot secure a customer before land is rezoned. Pilayor if he was aware that the Council had made commitments that the property North of 3.66th St. would not be commercially rezoned, )fa. Brill replied that he knerv of of the commitment but believes this commitment is not binding; that he is standing strictly upon his client's legal rights. Mayor Bredesen stated that !:so mill, in requesting zoning without plans,'is talking about poor planning and poor zoning; and Ltr* Brill replied that he had nohope that he could convince the Council tonight that hlr. Josiah Brill , representing the 1 Llr. &ill Asked by the * 205 8110159 he is right; that it is entirely a question of law; that Village Attorney Hassel-,t quist should be requested to give the Council a legal opinion on the question; tli$.f; under the law the Council is required to be reasonable; that construction in the immediate neighborhood of a tire store, drive-in restaurant, modified airport for helicopter service, Southdale Shopping Center, have rendered this property worth- less for residential use. Stating he can understand the average Council's desire to handle zoning problems on a moral basis, Ak* Brill sgated that this is not the Council's legal right. Mr. Brill told the Council, "The whole plan you have for zoning in Edina is going to come apart if this goes to Court. has been valid in many respects; 1 am not interested, however, in correcting Village zoning--just in seeing that the pearce sisters are protected." that the Council is in agreement that the Pearce property should have better use than it now has, Trustee Kohler said that the Council is also concerned about the type of development to go there; and Mr. Brill said, "I don't think you have the legal right to say, .'We will rezone if we like your plans'." the matter i$ one which only the Court can settle, fili. Brill told the Council he feels its action is unreasonable and hopes to have it set aside. suggested that the Council meetlwith the Planning Commission to discuss its recommendation, before considering calling a public hearing. matter be tabled for two weeks for study and for discussion with the Planning Commission. I don't think it Stating Stating he feels Mr. Kohler He moved that the Motion seconded by Dickson and carried. PUBLIC HEARING CALLED ON V.H. IvlATHIEU REQUEST TO FACE DOUBLE D'IJELLING LONG WAY OF LOT, 4520 VALLEY VIEW ROAD. approval of Mr. V.H. Mathieu's request for special permit for construction of double dwellings at 4516 and 4520 Valley View Road, was reviewed. that a pzevious hearing had been held on the matter of double dwellings on these two lots (September 8, 1958) but that the matter of the long-way-of-lot facing had not been considered at that time. on the matter of the facing for Monday, August 24, 1959, at 7:OO P.M. was seconded by Beim and carried. Planning Commission's recommendation of August 5, for It was noted Dickson's motion, scheduling Public Hearing PUBLIC HEARING SCHEDULED ON ELLINGSON-MASON CoI1IIPANY ' S REQUEST FOR SPECIAL PERMIT TO CONSTRUCT DOUBLE D'SJELLINGS ON LOTS 1, 2 AND 3, BEARD'S ELM/?OOD TERRACE (5508, 5512 & 5516 FRANCE AVENUE SOUTH) Council reviewed Planning Commission's August 5th recommendation for approval o€ this request, and briefly examined plans presented for the double dwellings. €or Monday, August 24, 1959, at 7:OO P.hL was seconded by Beim and carried. Dickson's motion that Hearing on request be scheduled COUNCILS CALLS PUBLIC HEARING ON REQUEST OF OKERMAN 6 HUNSTAD FOR SPECIAL PERMIT TO ESTABLISH 8-FOOT SIDE YARDS AT 5117 !VIEADOW RIDGE. with Planning Commission's August 5th recommendation for approval. motion scheduling Public Hearing on the request for Monday, August 24, at 7:OO P.M., was seconded by Tupa and carried. This request was presented, Diekson's AT 5421 YORK AVE. C.W. CURTIS REQUEST FOR ONE-FOOT SIDE AND REAR LOT SETBACKS/TO BE CONSIDERED IN PUBLIC HEARI€JG. This Hearing was scheduled, by motion Beim seconded by Dickson * and carried, after Council review of Planning Commission's August 5th recommendation for approval of request. of side and rear lot lines. Request is for purpose of building garage within one foot REQUEST BY A.M. CARLSODJ FOR SIDE-LOT FACING OF DWELLING AT 6800 BROOK DRIVE TO BE PUBLICLY HEARD BY COUNCIL AUGUST 24. for approval (representing reversal of former recommendation for denial of request) was reviewed by Council; and Kohler moved for the scheduling o€ Public Hearing on request for August 24. Motion seconded by Tupa and carried. Planning Commission's August 5th recommendation PUBLIC HEARING ON H.H. HARDACKER REQUEST FOR PERNIIT FOR LONG-WAY-OF-LOT FACINGS FOR DtdELLINGS ON LOTS 2 AND 8, KRESSE ADDITION SCHEDULED FOR AUGUST 24. Commission's August 5th recommendation for approval of request was reviewed, and Beim moved, scheduling Public Hearing on request for Monday, August 24, at 7:OO P.M. Planning Motion seconded by Dickson and carried. COUNCIL SCHEDULES PUBLIC HEARING FOR AUGUST 24 ON REQUEST FOR LOPJG-WAY-OF LOT FACING FOR DII\JELLING AT LOT I, BLOCK 1, PAUL WIND CHRISTOPHER ADDITION (5636 IVOODDALE AVE. ) This requ.est, filed by a Mi. Olin, had received the Auqust 5th recommendation of the Planning Commission for approval j and Tupa's motion scheduling Public Hearing on request for Monday, August 24, was seconded by Beim.and carried. PRELIMINARY PLAT OF "ANDERSON'S WARDEN ACRES" APPROVED. plat of some five lots on Benton Avenue, between Lyle Third and Countryside Additions, carried Planning Commission's recommendation for approval; and Dickson moved for approval by Council in accordance with Commission's August 5th recommend- ations. This' Preliminary, being a c Motion seconded by Kohler and carried. 2 06 8/10/59 bIcCLELLAE 'S PEACEDALE ACRES PRELININfkY PEAT ilPPROVED. property in Block I, Peacedale Acres, and being seven lots and lfOutlot' l", situated south of V!.62nd St. and facing Peacedale Ave., had received Planning Commission's reconnendation for approval. was reported that developer is saving this for depth for the lots on Halifax Ave. Dickson's motion, that Planning Corrmission recommendations be accepted and plat approved, was seconded by Tupa and carried. This Preliminary, of Council questioned disposition of "Outlot l", and it HAROLD KCODS rr ADDITION PRELIK~MRY PLAT APPROVED SUBJECT TO PRovIsIor~: FOR PAFX. This Preliminary was presented, with Planning Commission's recornendation for approval. over-all area; and some discussion was had about a park dedication in this location. Dickson's motion, that Planning Commission recommendation be accepted and plat approved subject to the working out of a park program, was seconded by Beim and carried. BWD'S ELHV!OOD TERRACE FINAL PLAT APPROVED. of France Avenue, South of Y1.55th St., was presented carrying Planning Commission's recommendation for approval. lilr. Hyde explained that it involves adjustment of lot lcines to provide legal sized lots for double dwellings. approval of Final Plat in accordance with Planning Commission's recommendations was seconded by Eeim and carried. Council vas also informed that the plat presented is only a part of the I This plat, located on the I'Jest side Kohler's motion for LA,% EDIIIA I1 ADDITIOIJ FINAL PLAT APPROVED SUBJECT TO APPROVAL BY VILLAGE ATTORPJW AND BIG1r;EER. approval subject to receipt of letter of intent as to park dedication. intent had been filed with Clerk just before this meeting, but it concerned storm sewer easements rather than park dedication. Attorney Hosmer Brow told Council that storm sewer easements are not shown on the final plat because Village engineering has not developed to that extent; that developers are willing to grant easement for the Lake; that the only thing they are waiting for is the drafting of the easement. the easements proposed to be given before plat goes on record, to forestall any disagreements wiiich might occur. Ma. Hasselquist reported he could foresee one difficulty--the Village being of the Q in-y'ifet $ie20 permit is requised for the placing of this storm drainage into a e- eme 5 la, and Hr. Stow's easements being drawn on the premise that they will not be used until a permit is secured. Idr. Hasselquist reported that this could cause some delay in use of the easements because it would be Village responsibility to prove they did not need a permit €or use of Nine-Mile Creek. He stated the letter of intent seems to be satisfactory. Dickson's motion that Final Plat be approved subject to approval of same by Village Attorney and Engineer. Llotion seconded by Beim and carried. This Final Plat was presented carrying Planning Commission's A letter of Village Attorney Hasselquist requested an opportunity to examine . I STOYJ'S DELArdEY ADDITIOD. This Final Plat was sent back to Mr. Stow for redraft in accordance with Planning commission's approval that developer secure 4$- feet in order to meet minimum depth requirements for one tier of lots. I.!OI?TUARY BUILDI1:G PLfiJIS APPROVED. revised plan, explaining that the chief difference is in the roof. that Hankerson Avenue is to be closed except for a service road and will not have access to parking lot--that there will be no processions along Hankerson Avenue. Dickson's motion for approval of plan was seconded by Tupa and carried. 1.k. Hyde presented ariginal plan, together with He told Council REklVAL OF HOUSES FR0I.I CROSSTOUPd HIGHI'IAY PATH was discussed, with presentation of pictures showing the houses vtnich will be moved. are protesting the wait occasioned by necessity of obtaining Planning Commission permission for moving within Edina. Hr. Hyde reported that movers EVANS ADDITION STREET PMIE CHANGES TO BE PUBLICLY HEARD SEWEhlBER 14. I?i. Hyde reported that because of platting to the IJorth of Evans Addition street name changes in Evans Addition are necessary. Dickson's motion, scheduling Public Hearing on proposed street name changes for ).Ionday, September 14, was seconded by Tupa and carried. POLICE DEPARTM3;T REPORT FOR PERIOD JANUARY THROUGH .JUNE, 1959 was submitted and ordered placed on file. REPORT BY ATTORXEY OR PETITION FOR RELIEF FROL! ASSESSLiEE'TT FOR SANITARY SEER FOSTFQNED TO AUGUST 24. the petitioner, h. Hasselquidt requested postponement of this matter to August 24. Dickson so moved. In the presence of Attorney Helge Thomson, Attorney for Llotion seconded by Tupa and carried. COUPJCIL TO DRQP EUSIXESS IICERRUPTION INSURAKE 014 LIQUOR STORE AFTER €XPIRATIOfJ OF PRESEX POLICY. Agency on status of Eusiness Intermuption Insurance on the 50th Street Liquor Store, recommending additional coverage. is one of control, Llr. Bredesen suggested that this type of insurance be dropped Finance Director Dalen presented detailed report by Brandow Stating he feels that the liquor operation 207 8/10/59 and it was agreed that this coverage be eliminated upon expiration of the present policy January 1. ACTION ON ALLEGED ZONING VIOLATION TABLED ONE WEEK. Mr. H. V?. Darr, 4400 W.50th St., was present to hear Manager Hyde report receipt of a complaint, earlier this year, on a violation of the zoning ordinance by Mr, Darr, subsequent inspection of the premises by the village Building Inspector and service of notice to fdr. Darr to cease said violation--being the conduct of a workshop in his basement. blr. Darr told Council that there is no violation--that the equipment he has is simply "home workshop" equipment; that he does employ two "very young" men in the making or" fnodels, and the repairing of his house; that his models are not sold--they are given away and are used in his instruction work. was had on the matter, with Mr* Hyde maintaining there is a violation, technical though it may be; and Trustee Dickson suggested. that 'Mr. Darr be given one week to consult with his attorney before action is taken by the Village to cause this violation to cease. Some considerable discussion SUBDIVISIOIY UTILITIES (SANITARY SEWER. IVATERDILAIN AwB-ST@RM-SE#ER) FINANCING APPROVED FOR FIVE LAND DEVELOPMENTS. Manager Hyde presented written report as to the status of the various petitions received for Village financing of subdivision utilities. thing is that the Village does not become obligated for the engineering work on these utilities--that there just is no time for this work. Some further discussion was had, and Eeim moved that the developers of the following five subdivisions be informed that the Village will finance Sanitary Sewer and Watermain in accordance with Ordinance No. 263, subject to submission by developers of plans and speci- fications for said utilities by October 1, 1959 and approval of same by Village Engineer not 1ater.than November 1, 1959: In his oral summary of the report he emphasized that the important l.stJ{plJ.ey Vista - 23 lots 2. Delaney Addition - 35 lots 3. 4. Otto's 3rd Addn. - 6 lots 5. Lake Edina 2nd Addn. Lynch's Garden Park - 39 lots Estimated Cost $23,000.00 35; 000.00 39,000.00 6,000,OO 73; 000.00 $176,000.00 Motion was seconded by Tupa and carried. HEARING ON PROPOSED STORM SEGVER IN W.70TH STREET SCHEDULED FOR SEPTa4BER 14. Presenting the report of Adolph Meyer and Associates on Trunk Main No. 2 in the Southeast healstorm Sewer, suggesting that Public Hearing be held at the earliest possible time, in order that iiY.70th Street might receive some attention. motion scheduling Public Hearing on proposed Trunk Main for Monday, September 14, was seconded by Tupa and carried with unanimous vote. Beim's CAR WASH ORDINANCE AUTHORIZED. .Stating that this office is receiving an evsr increasing number of requests for car wash permits, Manager Hyde suggested that the Village Attorney be directed to draft a car wash ordinance for Council con- sideration. It was so ordered. EDARD OF REVIEW MEETING SCHEDULED FOR THURSDAY, SUGUST 13, 1959, AT 5:OO P.M. Ak. Nyde told Council that the Assessor's Books of Valuation are now.ready for review. Review Meeting at Village Hall. Thursday, August 13, 5:OO P.M., was date and time set for Board of POLIO CLIrUC N0RI:ERS COMMENDED. had been most successful; that some 4,000 total shots had been given. suggested that a resolution of commendation be adopted; and Dickson offered the following Resolution and moved its adoption: Manager Hyde told Council that. the Polio Clinic He . RESOLUTION OF COMMENDATION FOR SALK VACCINE INOCULATION PROGRAM IVI-IEREAS, Edina was one of the first communities in Minnesota to participate WHEREAS, said program was the result of a high degree of imaginative civic WEREAS, aid for the successful operation of the program, which resulted in in a Salk vaccine inoculation program; and responsibility excercised by local doctors and their assistants, the Rural Hennepin County Nursing Service, and the Junior Chamber of Commerce; and more than 4,000 shots being administered, was cheerfully and willingly given by many individuals and businesses within the community, a complete listing of which is impossible: F*IOW, THEREFORE, BE IT RESOLVED by the Council of the Village of Edina, M-nesota, that this Council commend the sponsors of this program, particularly Drs. Ilristopher Hagen, E.P. Donatelle, and K.R. Lundeberg, and a11 others who served, for their most significant contribution to a safer, healthier Edina. .._ . Motion for adoption of Resolution was seconded by Kohler, and on Rollcall there were five ayes and no nays, as follows: Tupa, aye; and Bredesen, aye; and the Res aye; Kohler, aye; 8/10/59 PLANS FOR HIGHWAY NO. 169 TO BE REVIE'iVED I'JITH ST.LOUIS PAFiE. reminding Council that St.Louis Park should have had its plans for State Highway $169 by August 1, suggested that one member from Council and one from Planning Conmission review these plans with the Park. received word from hlr. Hawkes that the Park Planning Commission is to route the highway Nest of the route planned by the Highway Department; that he is not sure that the Park Council has yet approved this recommendation. No formal action was taken on Llr. Kohler's suggestion, but Council was in agreement that Edina should keep in touch with St.Louis Park with regard to these plans. Trustee Kohler, ldanager Hyde reported he has EfJERGENCY CRRJ COI.PLIF:IFS.JTED. Fire and Police Departments had cooperated in emergency treatment for a child who had been badly cut, todajr at Christ Presbyterian Church, 70th and Rormandale; that it had been only 14 minutes after emergency call had been received ai; the Village Hall'that the child was in surgery at Methodist Hospital. Saying he feels that such service deserves recognition, l.33. Kohler asked that the Courier publish a story on it. Trustee Gohler informed Council that the Village I REILOVAL OF FILL, MID FINAL GRADIhG--PARK LAI*!D kDJACEHT TO t'l.70TH STREET SCHOOL PROPERTY. Eanager Hyde reported that, pursuant to receipt of an offer from a qualified excavating contractor €or grading of the Village park land adjacent to ~i.70th Street school in return for fill, Attorney Hasselquist had ruled that this offer could not be accepted; that the Village must take bids on the work. He said that the School Board is taking bids August 18th on school construction-- which bids will include the grading of the site; that, if permitted by the Village so to do, they will take bids, also, on the grading of the Village-owned land adjacent to the school. At Llr. Hasselquist's suggestion that the School Board should have formal permission from the Council to accept such bids, Tupa moved that the School Board be authorized to take bids on the removal of fill from and grading of Village-owned property in conjunction with bids for said services on its land adjacent to Village property. fJotion seconded by Dickson and carried. ADVAKE !.VIDE TO OFFICER YlROBLESKI FOR EXPENSES AT FBI SCHOOL. reported that the Pre-List of August 10th contains an advance in amount of $250 being made to Officer Henry Wrobleski for living expenses at FBI School in Ylashington, D.C., said advance to be payable from a donation for this purpose by tir. Harry Pence. CLAILIS PAID. as follows, was seconded by Dickson and carried: Manager Hyde Tupa's motion, €or payment of claims as per Pre List dated August 10, General Fund $8,319.60 ' Construction Fund 2,321.08 Park 6 Park Const. 2 y 030.56 t'laterworks Fund 55, ~70.79 L4Mor Fund 9,321 58 Sewer Rental Fund 168.93 PIR 8, Poor Funds 40.15 Total $78,072.69 Dickson then moved for adjournment. arried. IJeeting adjourned at 9:30 P.U. Village Clerk MINUTES OF ADJOURNED PORTION OF JULY 15, 1959 BOARD OF REVIEf ItEETIr;G, HELD THURSDAY, AUGUST 13, 1959, AT 5:OO P.M., 114 EDINA VILLAGE HALL Council members Beim, Dickson, Kohler, Tupa and Bredesen acted as Board of Review. Assessor Donald Kearns presented his completed Book of Valuations. of assessed valuation being $25,446,632 as against $23,942,029 in 1958. Total amount Ltr. Earl Isensee, 46x7 Golf Terrace, complained that his property is assessed at a valuation of some $3,000 above the $40,000 he paid for it. be removed from the assessed valuation. Kearns stated he believes Council has no power to change valuation in odd-numbered year; that Lir. Isensee can file for abatement; and LIZ. Isensee informed Board he has filed suit for return of taxes paid; that he is concerned about future years as well as this present year's over-evaluation. Because of 1.k. Kearns' statement to effect that Board had no power of change this year, no action was taken other than to ask for further investigation by the Assessor. He asked that the $3,000 Some discussion had, during vinich time 1;s. lek. Kearns reported request for reduction in valuation by hlidvrest Automatic Photo Equipment Co. , from $3,000 to $T,984.00- He ksuggested Board's so adjusting. Tupa moved for approval of Book of Valuations as presented, with reduction in valuation set forth above. Motion seco eim and carried. Meeting adjourned 5:45 P.M.