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HomeMy WebLinkAbout19590824_regular8/24/59 mwrEs OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, AUGUST 24, 1959, AT 7 :00 P.M, , AT THE EDINA VILLAGE HALL, ROLLCALL was answered by Beim, Dickson, Kohlw, Tupa and Bredesen. Special Assessment Clerk, acted as Clerk of the Council. Mr. Laura Wright, AilINUTES of the Council Meetings of August 3 and 10, 1959, were approved as submitted, by motion Dickson, Seconded by Tupa and carried. SAFETY AWARDS PRESENTED. awards for the year 1958: P Manager Hyde presented to the Council the following safety NATIONAL SAFETY COUNCIL CERTIFICATE OF ACHIEVEMENT AMERICAN AUTOMOBILE ASSCCIATION PEDESTRIAN RECORD VJALKER SAFETY AWARD, TO POLICE DEPARTMENT. / Mayor Bredesen explained these awards to the audience, stating that Edina residents should be happy, indeed, to know that this Village has a safety standard which enables it to be the reciptent of these commendations. PUBLIC HEARINGS ON PROPOSED IMPROVEMENTS: side Courier August 13 and 20, 1959, of "Notice of Public Hearing on Proposed Watermain Improvement" was submitted, approved as to form and ordered placed on-file;-and, taken as hereinafter recorded: COOPER AVENUE TO MIRROR LAKES DR: MIRROR LAKES DR. FROM INTERLACHEN BLVD. TO W.56TH ST. : W,56TH ST. FROM AURROR LAKES DRIVE TO CHANTREY RD, 8, HWY.NO. 169: ALONG H!tX.NO. 169 FROM CHANTRE3 RD. TO TRACY AVE. Mayor Bredesen opened the Hearing by stating that the Council had determined to re-hear affected persons on this proposed project because - 1. in Richfield, and water contamination in Bloomington) subsequent to the last public hearing on the project, and - 2. opposition stated at the last hearing "was more apparent than real" and that the people had not been fully informed at that time. Cost at $115,995.00, for $1.03 per Assessable Front Foot for Platted Property, with a maximum front footage of 150 per lot where platted lots of larger footage are restricted against more than one dwelling. Estimate for Un f: latte pergi .Pro s %$g%v$strunk r given at $332.19 per Acre. Estimate for Lateral Service,B6.68 per &on 00 Manager Hyde referred to the Council the following three communications received from affected property owners, in response to mailed notice of hearing: 1. John W, Sloan - 5228 Duncraig Road - IN FAVOR - improvements eventually necessary; cost will increase in years to come. 2, 0.A. Feudner - 4805 Rolling Green Parkway - IN FAVOR - fears water contamination, 3. George LaBelle - 5508 Merritt Circle - OEUECTING - increase in taxes. PROPONENTS to the project were: Mr. A.M. Fisher, 5813 Hidden Lane - for reasons that Trunk Main will provide the advantages of lower fire insurance rates, improved fire protection, and a more certain water supply. LlrD Lloyd Smith - 5812 Northwood Drive - who questioned Council's right to defer the proposed $6.00 per front foot assessment for lateral service on the properties fronting on the main. Mr. Bredesen replied that this method of deferred assessment has been tried but that the experiment is considered to be a failure because of the uncertainty of receiving payment at a particular time. Mr, B. Reynolds, 5805 Hidden Lane. Mr. Go Moyer, 5409 Mirror Lakes Drive - for reasons of increased fire protection, better insurance rates, possibility of having street improved. time Ab. Hyde told Council that, although Council has called Public Hearing on Sanitary Sewer for the North part of Mirror Lakes Drive, the South part of the street does not have sewer. should this present improvement be authorized. ISk, M. McDermid, 5116 Mirror Lakes Dr. - wants watermain, now, if sanitary sewer is to be installed, in order to save duplicate street replacement costs, It was pointed out to the audience, at this time, that the original improvement hearing this year had been scheduled pursuant to a petition signed by owners in the 5100 block on Mirror Lakes Drive for water service; that some 11 signatures for the improvement were on this petition. Dr, R.F. Neumann, 14 Paddock Rd. - 1, because he is having trouble with his well right now; 2, he favors additional fire protection, And some others, whose names were not obtained. OPPONENTS were : Mr* Geo. Watson, 5301 Ayrshire Blvd. then expressed a lack of confidence in ever being able to get lateral service, inasmuch as he has not been able to get sewer. service is readily available if petition for same can be obtained. village water supply when he and his neighbors have already installed their own wells. Affidavits of Publication in Edina-Morning- purguant to said notice the following Public Hearing was conducted, and action was RE-HEARING ON PROPOSED TRUNK WATERMAIN IMPROVEMENT IN INTERLACHEN BLVD- FROM of developments in neighboring communities (water shortage because it was felt by the Council that the Manager Hyde read the Estimated main, r/ He asked that deferment be made if possible. At this . He recommended a hearing on sewer for this area, He inquired about a-double assessment; He was informed that lateral water Atr. E.S. Ferguson, 5281 Lochloy Drive, objected to being asked to pay for a In conclusion, he asked, "Why don't you leave us alone?Ii 210 8/24/59 Trustee Gohler explained that, of necessity, the promotion of a trunk improvement project cannot be quite the democratic process that promotion of lateral service is; that installation of trunk main involves something more than the desire of a few owners of abutting properties for water service--that it means fire protection for many and looks toward provision for emergencies which might arise in the general area. bir. VI. Lundahl, 5509 hlirror Lakes Drive - objects to paying, now, for lateral service which will not be used immediately. Ez. S. Plasman, 5508 Chantrey Rd. IJr. R. Svrartwood, 5504 Chantrey Rd. Lir. D. Knutson, 5200 Dundee Road. ME. H.M. King, 5205 Chantrey Rd. I:?. Bruce Yund, 5541 biirror Lakes Drive - vho objected to paying, now, for lateral service which will not be used immediately. lateral assessment could be deferred until connection is made. Trustee Kohler told him that Council will have its attorney investigate to see if there is a possibility of having the assessment deferred to some definite date--perhaps for three years; but that this matter cannot be settled, now-the time and place for such determination is at the assessment hearing on the improvement. He stated he would approve if Lii. G. Forster, 5272 Lochloy Dr. Llr. Chas. YJesner, 5217 Lochloy Dr. 3.k. Johnson, Lochloy Dr., During the Hearing many questions were asked concerning the watermain extension, (Request of A.O.EdvJards, 17 Merilane, (for exclusion from lateral assessment (was read and ordered placed on file. and some others whose names were not obtained. whereas the present water suppl+y is not adequate to take care of present demands. Hyde replied that the Village has been short of water only 22 days this year; that a new 4,000,000 gallon reservoir is about ready for use; that, should water supply still prove inadequate there is always the possibility of new wells=-although this last must be considered in the light of the expenditure involved in relation to the amount of service needed. Kohler informed them that, although the Council does take the initiatbve for trunk main promotion, interested propert$.ocvners must instigate proceedings for lateral service, by means of a proper petition presented to the Village office. Llr. Others inquired about the possibilities of securing lateral service; and Trustee Kohler then offered the following Resolution and moved its adoption: RESOLUTION ORDERING IMPROVENENT 'JATERMAIN IMPROVEIIENT NO. 141 BE IT RESOLVED by the council of the village of Edina, Minnesota, that this Council I heretofore caused notice of hearing to be duly published on the following proposed improvement: COPlSTRUCTION OF VILLAGE TRUNK WATERMAIN AND APPURTENANCES IN THE FOLLO\qJJING STREETS : Interlachen Blvd. from Cooper Ave. to Llirror Lakes Drive; Mirror Lakes Drive from Interlachen Blvd. to W.56th St.; Vest 56th St. from Mirror Lakes Drive to Chantrey Road and Highway #169 from Chantrey Road to Tracy Avenue Highway #169-212; and at the hearing held at the time and place specified in sait notice the Council has duly considered the views of all persons interested, and being fully adv.sed of the pertinent facts does hereby determine to proceed with the construction of said improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as I'lATERI4AIN IhlPROVI3AENT NO. 141; and the area to be specially assessed therefor shall be as follows: All lots and tracts of land within the following described boundaries: sion of VI. Line of Lot 7, Bl. 2, Mirror Lakes Meadow-wood 2nd Addn. to Edina High- lands; tho in a general NEly direction along centerline of said Htvy. #169 to its intersection with Sly extension of E. line of W. 477.5 Ft. of Sec. 28, Turp.117, R.21; th. N. along said E. line to centerline of W.52nd St.; th. V?. along center- line of Y1.52nd St. to !'/. line of Sec. 28, Trup. 117, R. 21; th. We along s, line of Skyline to SI'I Cor. thereof; th. Nly to.SE Cor. of Lot 5, B1. 3, Victorsen's East Mirror Lakes Addn.; th. Nly along E. line of said Addn. and its Nly extension to centerline of Interlachen Blvd.; th. Ely along centerline of Interlachen Blvd. to. to its intersection with Sly extension of W. line of Lot 4, Brum's Subd,; th. Nly to €Xi Cor. of said Lot 4; th. NWly to NVJ Cor. of Lot 3, Brum's Subd.; th. Nly to hT1 Cor. of Lot 1, Brum's Subd.; th. Wly to NVJ Cor. of Lot 7, Dum's Subd.; th. PIly along E. line of Rolling Green Addn. and its Nly extension to N. line of Sec. 29, Twp. 117, R. 21; tho Wly along N. line of said Sec. 29 to NU Cor, of Gunnar Johnson's Rearrangement of Rolling Green; thence S. to MV Cor. of Lot 6, Gilwood Addn.; th. SEly to NE Cor. of Lot 5, Giltvood Addn.; th. SEly to TW Cor. of Lot 36, Rolling Green; tho SEly along Vi. line of said Lot 36 and its SEly extension to centerline of Interlachen Blvd.; th. Ely along centerline of Interlachen Blvd. to a pt, dist. 190 Ft. V!. of centerline of Mirror Lakes Dr.; the S. to W. line of Mirror Lakes Dr.; th. S5;'ly along W. line of Mirror Lakes Dr, to most Ely Cor. of Lot 1, B1. 2, Mirror Lakes in Edina; tho N;'!ly along k?Ely line of said Lot 1 a dist. of 19'3.35 Ft.; th. TJ. 174.54 Ft.; tho c'. to PfJ Cor. of said Lot 1; th. Sly along rear lot lines of Lots 1-8, B1. 2, Llirror Lakes in Edina to SIY Cor. of Lot 8, B1. 2, Mirror Lakes in Edina; th. Wly to "Commencing at intersection of centerline of U.S. Hv~y.#169 and Sly exten- I 8/24/59 21 - 3 N1V Cor. of Lot 11, B1. 3, Mirror Lakes in Edina; th. SEly along Wly lines of Lots 11 and 12 to most Sly Cor. of Lot 12, said B1. 3; the SEly to most Sly Cor. of Lot 2, said B1. 3; the in a general Sly direction along 1,~. lines of Lots 3-9, ~1. 3, Mirror Lakes in Edina to SV? Cor. of Lot 9, said B1. 3; th. Ely to NW Cor. of Lot 1, B1. 3, Mirror Lakes Meadow-Wood Addn. to Edina Highlands; th. S.00 26'20" \'Jest a dist. of 600 Ft.; th. N. 89O53'40" West a dist. of 43 Ft.; th. Sly to SW Cor, of Lot 6, B1. 3, Miror Lakes Meadow-Wood Addn. to Edina Highlands; the Sly to SW Cor. of Lot 4, B1. 2, Ivlirror Lakes Meadow-Wood 2nd Addn. to Edina Highlands; th. Ely to NE Cor. of Lot 5, said Bl. 2; th. Sly to SE Cor. of said Lot 5; the S. 21°33'58" East a dist. of 53.79 Ft.; tho E. along s. line of Lot 6, ~l. 2, Mirror Lakes Meadow-Wood 2nd Addn. to Edina Highlands to I'J. line of Lot 7, said ~l. 2; th. Sly along W. line of said Lot 7 and its Sly extension to centerline of U.S. Highway #169 which is the place of beginning.1r Motion for adoption of Resolution was s five-ayes and no nays, as Eollow$: Beim, and Bredesen, aye; and the Resolution was ATTESTP -6 Acting Village Clerk U PROPOSED SANITARY SEWER FOR MIRROR LAKES DRIVE FROM EXISTING TRUNK SEWER, SOUTH TO At Mayor Bredesen's request, Manager Hyde read the Estimated Cost, being $17,599.80, SERVE NOS. 5128 AND 5129 MIRROR LAKES DRIVE. - CONTINUATION OF AUGUST 10, 1959 HEARING, proposed to be assessed against 16 lots, for $1,099.99 per lot. audience this Hearing had been initiated pursuant to a petition by owners of the majority of the lots abutting this block. and none had been filed prior thereto. moved its adoption: Mr. Bredesen told There were no objections from the audience, Kohler offered the following Resolution and RESOLUTION ORDERING IMPROVEMENT SANITARY SBVER IMPROVEMENT NO. 157 BE IT RESOLVED by the Council of the village of Edina, Minnesota, that this Council heretofore caused notice o€ hearing to be duly published on the improvement of Mirzor Lakes Drive from existing Trunk Sewer, south to include 5128 and 5129 Mirror Lakes Drive, by construction of Sanitary Lateral Sewer and Appurtenances therein, and at the hearing 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 improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as SANITARY SEWER IMPROVEIL'IENT NO. 157; and the areas to be specially assessed there shall be all Bots and tracts of land abutting the portion of the street proposed to be improved. Motion for adoption of Resolution .was s five ayes and no nays, as follows: Beim, and medesen, aye; and the Resolution was ATTEST : &fi 9d Actgg Village Clerk SANITARY SEWER HEARING CALLED FOR MIRROR LAKES DRIVE ,AYRSHIRE BLVD. TO 1025 FT. NORTH. After approval of the Sanitary Sewer project for Mirror Lakes Drive as far South as 5129, and pursuant to discussion in this evening's watermain hearing, further dis- cussion was had as to practicality of constructing sewer ?n the balance of Mirror Lakes Drive; and Dickson offered the following Resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING PROPOSED SANITARY SElrJEi? -1MPR6VWibJT BE IT RESOLVED by the Council of the Village of Edina: 1. The Village Engineer, having submitted to the council a preliminary report as to the feasibility of the proposed Sanitary Sewer 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. This Council shall meet on Monday, September 14, 1959, at 7:OO P.M., 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: 2. 3. 8/24/59 NOTICE OF PU&IC HEARING ON PROPOSED SkNITARv SE3IER IMPROVEMENT NOTICE IS'HEREBY GIVEN that the Edina Village Council will meet at the Village Hall > on !,!onday, September 14, 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. Village Engineer as set forth below: ESTIMATED COST - IN THE FOLMYJING STREET: The approximate cost of sa?d improvement is estimated by the CONSTRUCTION OF SANITARY SEI'JER AND APPURTENANCES Mirror Lakes Drive from Ayrshire Blvd. to 1025 Ft. N. The area proposed to be assessed for this proposed improvement consists of $14,664.07 Lots 2 to 9 inclusive, Block 6, Mirror Lakes in Edina. GRETCHEN S. ALDm Village Clerk Motion for adoption of Resolution was seconded were five ayes and no nays, as follows: B Tupa, aye; and Bredesen, aye; and the Resolu ATTEST kson, and on Rollcall there Acting Village Clerk PUBLIC HEARING ON REQUEST OF ELLINGSON MASON COMPANY FOR PERMIT TO CONSTRUCT TiiJO- FAMILY DYJELLINGS ON LOTS 1, 2 AND 3, BLOCK 1, BEARD'S ELM'!OOD TERRACE ADDITION (5508, 5512 AND 5516 FRANCE AVENUE.SOUTH). Planning Commission has recommended,favorably on this request, as the best possible land useage for some very controver ial property; and Planning Director Hite reported that answers received -from neighbor$lh in response to his inquiry show 14 neighbors in favor of the petition; 1 against it--this objector being I&. Charles Adams of 25 Woodland Circle. proposed buildings , and fk, Mason of Ellingson-Mason answered that the middle building will be no taller than the south one; that the north building will be slightly lower than the other two; that he does want to keep his garage entrances above grade to forestall the garages' being filled with water. objections from the audience, and Mr. Harris Lindquist, 5517 Halifax Avenue, expressed himself as being very much in favor--this being by far the best alternative of the many propositions offered to date. request was seconded by Kohler and carried. Manager Hyde told audience that the One gentleman in the audience asked about the elevations of the There were no Dickson's motion approving: PUBLIC HEARING ON PETITION OF VI H. AlATHIEU FOR PERMIT TO CONSTRUCT A T!;'O-FAhXLY DI'IELLIKG ON LOT 9, BLOCK 1, VALLEY VIJ3 TERRACE 3RD ADDN. (4520 VALLEY VIRJ ROAD), FACIEG SAID DYELLING ON ST. JOHNS AVENUE RATHER'THAN ON VALLEY VIE1 RON. Mr. Hyde told Council that this lot is already zoned for a double bunaalow: that the matter of the long-way-of-lot facing is all'that is before Council :his evening; and Mr. Hite reported that his poll shows nine in favor 05 the request and one against--the opposition being the owner at 6000 Fairfax Avenue, who is objecting that there is already sufficient commercial building in the area. registered from the audience, and Tups moved that request be granted. seconded by Beim and carried. There were no bbjections Motion PUBLIC HEARING ON PETITION OF FIR. A,LL CARLSON FOR LONG-\'JAY-OF-LOT FKING, LOT 7, BLCCK 7, LABUENA VISTA. denied this request, later reconsidered and recommends approval subject to approval of neighbors. Mr. Hite reported that answers to his mailed poll of all owners of properties within five hundred feet of proposed dwelling brogght three favorable answers. No objections were registered from the audience, although one man asked to see, and was shown, the plan. North, on H.68th St. Beim's motion for approval of request was sevonded by Tupa and carried. I,k. Hite told Council that Planning Commission had first It is planned to face this dwelling FUBLIC HEARING ON OLIN REQUEST FOR LONG-WAY-OF-LOT FACING, LOT 1, ELOCK 1, PAUL YIIND-CHRISTOPHER ADDITION (5636 E:'OODDALE AVE.). to face this dwelling on Tower Street, rather than on Mooddale--that answers to Hr. Hite reported it is planned I his mailed poll shov-thirteen approving, three in objection, being from 5655 and 5656 Wooddale, 5705 Fairfax Avenue. favorably, subject to approval of neighbors. request was seconded by Dickson and carried, He stated that Planning Commission recommends Kohler's motion for approval of PUBLIC HEkING ON H. HAWACKER REQUEST FOR LONG-NAY-OF-LOT FACIILG, LOTS 2 AND 8, BLOCK 1, KRESSE ADDITION, show five in favor of the request; four against. He plans to face homes east and west, into Kresse Circle, rather than South on Maloney venue. Sanders, 6221 Maloney Avenue, whose home will face directly into the proposed side yards, objected to being obliged to view garages and garbage cans; and Dickson moved for denial of permit. Mr. Hite reported that the results of his mailed poll lbko F. Motion seconded by Tupa and carried. 8/24/59 PUELIC HEARING ON C.W. CURTIS REQUEST FOR' PERMIT TO BUILD GARAGE WITHIN ONE FOOT L! 3 OF NORTH AND EAST LOT LINES, 5421 YORK AVE. SO. Mr..Hite reported that the Planhing Commission recommends approval of this.request; that this is an older part of Ediza, __ where there are alleys; khat in most of this block the garages are built right on the lot lines; that the results of hismailed poll show five approving, two dis- approving. Mr, Curtis was present, and the'.matter was dhcussed with him. There were no objections registered from the audience. Kohler's motion for approval of request was seconded by Tupa and carried. PUBLIC HEARING ON OKERlAAN AND HUNSTAD REQUEST FOR PERMIT TO PLACE DWELLING WITHIN EIGHT FEET OF LOT LINES, 5137 MEADOW-RIDGE; 'Idr: Hite reporte'd that this request is in line with deed restrictions for Brookview Heights, whereas zoning ordinance requires five feet from the garage side, 10 feet from living side of home. Stow called attention to diagonal lot l$ne, suggesting that builder keep eight feet from it; and Beim moved that request be granted, with understanding that building be at least eight feet from lot lines. Mr, Hite had reported that the results of his poll showed four in favor of the request, none opposed. Mr. Motion was seconded by Tupa and carried. There were no objections registered at the Hearing. PUBLIC HEARING ON REQUEST OF MRS. HELENE SAVEGE TO PLAT TRACT ON HIGHWAY #169- ~ Proposed plat was shown to Council, Mr. Hite stating that he feels there is nothing else to do with the property.; that Planning Commission has recommended approval; that the results of his mailed poll show no opposition. property surrounds that of iirks. Savage, stated he has no opposition to the plat m F.( si2 but doesn't-want it named "Lynch 2nd Addition", a renamed before it is filed for record. There were no objections registered at 6 the Hearing, and Beim moved for approval of request. 0' and. carried. JOHNSON DRIVE INTO TWO LOTS, ONE LOT HAVING 40-FOOT FRONTAGE ON HIGHWAY Wl.69. Mr. Ed Lynch, whose He was informed that it will be Motion seconded by Dickson GAVIN LAND STORM DRAIN EASEMEXIS (PONDING AREA) TO BE CONDEANED. hrsuant to Council direction of last meeting, Attorney Hasselquist reported that he has discussed this matter with hk. Gasin's attorney, and with most of the other people involved in the drainage problem; that there is a distinct difference of opinion here, as to the responsibility for drainage difficulties; that it becomes increasingly clear that the alleged Gavin barricade is not the sole cause of the difficulty in draining Larkspur Lane because the street, as it now lies, does not drain directly into the Gavin ponding area, He told the Council that two separate plans have been evolved by the storm sewer consulting engineer-one a comprehensive plan, involving a large drain down Larkspur Lane, and the other a more simplified plan, which would use the Gavin pond; and, that until the. Council decides which plan to use, the Gavin land acquisition must be held in' abeyance. and reference was made as to - 1. Acquiring the land f6r a permanent ponding area--in which case the water would remain in the pond; and 2. a "temporary" ponding area, with the water to be pumped from the pond to the W.70th St. storm sewer, in order to control level of pond. Reference was made to a letter received by PJr. George Hite from the Village consulting engineer on storm sewers, lKr. Douglas Barr of Adolph Meyer and Associates, giving comparative costs and stating that the permanent ponding plan would mean costly excavation; the other, maintenance of a pump, be made, in order that present drainage problems be relieved; that Council can decide later whether to make permanent or temporary ponding area. Council that area can be pumped into 70th St, later, if it is deemed necessary. Mrs. Roy W. Larsen, 6321.Interlachen Blvd., who stated she doesn't know Mr, Gavin, spoke at some lengthRon the unfairness of condemnation of land for storm sewer purposes, on the grounds that "if it can happen to him, it can happen to me". She suggested that the Planning Commission require developers to provide their own storm drainage facilities, and was informed that this is now being done, Motion by Dickson, authorizing condemnation proceedings against the Gavin land, €or purpose of storm water pond, was seconded by Beim and carried. Some discussion was had by the Council dn the two engineering plans, Acquisition for Request was made that land be acquired and some excavation Mr. Zikan told PEAFCE ZONING PETITIONS CORRECTED--REFERRED TO SEPTmIBER 2ND WEETING-OF PLANNING COI~IISSION. Attorney Josiah Brill, representing the Misses Pearce, informed Council that he had made an error in the legal description of the property-his clients wish rezoned; and presented letter of correction, He asked for rezoning to Regional Shopping District of both the triangle and the South 600 Ft. of the Pearce's main tract. There was some digference of opinion on the Planning Commission's recent action, Mr. Brill maintaining that the Planning Commission had recommended favorably-on petition for Rezoning to Regional Shopping District, and Planning Director Hite stating that Commission had recommended that the triangle be the park dedication for the tract; that the main tract be rezoned for office use. Planning Commission for its recommendation; that the Council reconsider the matter at its September 14th meeting, It was suggested-that the matter be referred back to the 214 8/24/59 I 1IdPROVET.ENT PETITIONS ACCEPTED. The following petitions were filed: 1. OILING - William Ave. from Yl.5lst to 1'1.52nd St. 2. OILING - Hirror Lakes Drive from Ayrshire Blvd. to W.56th St. 3. OILING -.Kaymar Drive, Blake Rd. to Blake Rd, - contingent upon Village doing 4, STOF3:I SFJER - Hollywood Road. 5. OILING - 5801 Tracy Ave. through 5809 Tracy Ave. oiled once, and would write to petitioners. Tupa's motion, accepting petitions, referring all but No, 3 to Village Engineer for programming,, and referring No. 3 to Village Manager for investigation, was seconded by Dickson and carried. I'IILHOIT PETITION FOR SATL'ITARY SE'IEFl SERVICE DISCUSSED. f.lrs. a.9. Tlilhoit supported her husband's petition for sanitary sewer service to Lot 1, Wilhoit's Addition,6200 Belmore Lane. reviewed, Council informing hlrs. Ylilhoit that the petition her husband signed had asked for sewer at not more thdn $8,06 per assessable foot--that it had been found impossible to serve this area at this price because of the low lying land there. Matter referred to Village Engineer for report at next meeting. ~ work at no charge, as part of server cost. As to Petition No. 3, fk!ro Hyde told Council he felt that the street had been I The matter of Sanitary Sewer Improvement No. 120's history was PETITION FOR RELIEF FOR "STOYJ' S ECGEI%OOR" FROfil ASSESSMENT FOR SAiiITARY SE'IER IffiPROVELIENT NO. C-1 REFmED TO SEPTBJBER 14TH F4EETING. reported on his investigation of this Detition. Attorney Hasselquist He stated that Detitioner is protesting this assessment because much of the area cannot be served by this trunk sewer, and is served, instead, from Sanitary sewer Improvement No. 65, vhich vias constructed some years before No. C-1 and- at a loner cost; that there were some considerable topographical changes in the property after Improvement No. 65 was constructed, and still in operation during the time C-1 was under consideration. Ink. Hyde reminded Council of the drastic lowering of the corner of I?.70th St, and France Avenue; and Engineer Zikan spoke of the fact that profiles of the entire development had not been received until 1959 (profiles for earlier development received in 1958). Some considerable discussion was had on the matter, and Llrs. Wright vias directed to have comparative assessment figures ready for the Council (C-1 vs No. 65) for its meeting of September 14. COUNCIL TO PURCHASE INVESTMENTS FROM FIDELITY BANK AND TRUST COAPANY. Finance Director Dalen asked authority to sell $100,000 Certificates deposited in Citizens State Bank, matu2ing September 11, and to invest $50,000 in Certificates of Deposit paying 37;, at Fidelity Bank and Trust Company, Minneapolis 18. pay Dalen's recommendation was granted by motion Tupa, seconded by Beim and carried. Present Certificates Authority for sale and purchase of Certificates of Deposit as per Mr. BILTLIORE AND SOUTHDALE BOYJLING LANES' REQUEST FOR LICENSE TO OPERATE ON 24-HOUR SCHEDULE REFERRED TO POLICE DEPARTMENT. briefly discussed. recommendation. Manager Hyde read the request, which was Matter referred to Police Department for investigation and ACTION CN ALLEGED ZOPIING VIOLATION (DARR) TABLED TO SECOND MEETING IN OCTOBER. Manager read request by Attorney Thomas Vennum for delay of 60 days in any action contemplated against Mr. Harold Darr, 4400 2V.50th St. for violation of zoning ordinance. Dickson's motion, that action be delayed to second regular meeting in October, was seconded by Beim and carried.. He stated Mi. Darr is arranging to move his workshop during that period. BIDS TO BE TAKEN AUGUST 31. Speaking of the urgency of accomplishing construction, Manager Hyde asked that the Council confirm his action in publishing Advertisements for Bids for the following improvements, with bids to be taken August 31, at an adjourned portion of this meeting: 1, . 2. site Grading and Removal of Excess Fill-Cornelia Elementary School-Park Site. Watermain Loops (6) - W.56th St. from Yrok Ave. to Xerxes Ave.; W.56th St., Park Place to Woodcrest Dr.; W.59th St., Oaklawn Ave. to Brookview Ave.; Valley View Rd., Hansen Rd. to I'Jyman Ave.; Brookside Ave., Hrvy.ifl69 to M.49th St.; W.49th St., Brookside kve. to 155 Ft. E.; !7.52nd St., Arden Ave. to Juanita Ave.; Sunnyside I Rd., H~y.i;;t1OO to 420 Ft. Ely. 3. Kohler'.s motion confirming and validating Manager's action in advertising for Liquor Store at 3922 W.50th St. - Enlarging and Remodeling. bids was seconded by Dickson and carried. COMPLIMENT TO POLICE DEPARTMENT AND FIRE DEPARTMENT FILED. Council review the compliment to Police and Fire Departments, registered by 1.k. Lyle C. Stapleton, Hibbing, grandfather of Connie Stapleton, the youngster recently aided after an accident. Mr. Hyde submitted for Letter ordered placed on file. 215 8/24/59 HOUSE MOVING REFERRED TO MEETING OF AUGUST 31 (CROSSTOWN HIGHWAY HOUSES). Manager Hyde told Council that, pursuant to Council authority for Planning Commission to act in the matter of the moving of houses within the crosstown Highway right-of-way, the Commission, in two separate groups, hqs inspected the homes proposed to be moved, and feels there are only a very few which'should be moved; that since this determination has been made ihere is trouble from all sides, is protesting the moving of a house (approved by the Planning Commission) from 6341 Josephine Avenue into the St.Johns neighborhood. to be moved, and the homes on St..Johns Avenue, J4r. Hyde reported that the assessed valuations are comparable--that the prSme difference seems to be that the St,Johns homes are two-story and split-level, and the Josephine home is a rambler. petition in ppposition, signed by severa-l of the St,Johns neighbors. who stated that the home will be moved directly South of his-, reported that there will be five split-levels in-a row, with the rambler sandwiched in--that this will just not look right; and Mr, v.H. Mathieu, who plans to build a split level on the corner, explained that this house is smaller than the others, and not of the same character. Some discussion was had as to procedure, Snasmuch as there are many homes to be moved by approximately September 15. It was thought that the owner- of the home at 6341 Josephine Avenue could be persuaded to secure another lot for this house, inasmuch as the St,Johns neighbors look with such disfavor upon this house; however, neighbors did ask what could be done in case the owner persists in moving the home; and Kohler moved that Council deny request for moving of home from 6341 Josephine Avenue onto the St,Johns Avenue lot. Sherwood Avenue to 4430 Garrison Lane--disapproved by the Planning Commission, and acceded to by petition of Garrison Lane neighbors, request for removal of this particular house to this particular lot, Ab. Kohler was appraised of the Planning Commission's recommendation that the house not be moved anywhere in Edina. He stated he feels that this recommendation is the Commission's prerogative--and that he hopes this is what the Council has charged them to do; that, if there is any possibility of Edina's not continuing to live with this type of dwelling the council should so act, stated he does not agree that the homes cannot be moved anywlnere in Edina. cited his experience in IAinneapolis in securing neighbors' assent, and asked that the Commission amend its blanket disapproval of several of the homes, while the older homes might not fit into some neighborhoods, there are others where they would be accepted and would detract nothing from present valuations. He cited Peacedale Avenue as an example. should be given, and suggested that a joint meeting be held by Council and Planning Commission on Monday, August 31, at 4:30, Ab, Neal Swant requested that the Council require a good placement of any building being moved into 4430 Garrison Lane. He cited a St,Johns Avenue group:which Showing pictures of the home proposed He presented Mr. Mcclellan, Motion seconded by Beim and carried. Discussion then went to the matter of the proposed moving of house from 6217 Making a motion to deny the Ab, Dickson seconded Mr, Kohler's motion, but Mr, Lee Paris, 59 Woodland Circle, owner of two of the Crosstown Highway homes, He stated that, Mayor Bredesen agreed that some further consideration This was agreeable to balance of Council, TRAFFIC SIGNAL TO BE REQUESTED FOR HIGHWAY #169-INTERLACHEN BLVD. -BROOKSIDE AVE. INTERSECTION. Manager Hyde reported receiving requests for an automatic traffic signal at this busy intersection; and, after some discussion, Diclcson moved that formal request be made to the State Highway Department for such signal. seconded by Kohler and carried. Motion CLAIMS PAID. as follows, was seconded by Beim and carried: Tupa's motion for payment of Claims as per Pre-List dated August 24, General Fund $133337.81 Liquor Fund $35,334.38 Construction Fund 59,283.28 Sewer Rental Fund 120.68 Park 8 Park Const. Improvement Funds 77,347, 29 Funds 26,646.49 Poor Fund 16.34 Waterworks Fund 21,496 e 92 TOTAL, $233,583 . 19 Tupa then moved for adjournment, Motion seconded by Beim and carried. Meeting adjourned . at 11:15 P.M., to Monday, August 31, 1959, at 4230 P,M. 4 &A9& Acting Village Cl&