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HomeMy WebLinkAbout19591013_regularMINUTES OF Tm REGULAR lOll3/5 MEETING 9 03' Tm EDINA 253 VILLAGE COUNCIL^ HELO TUESDAY'; OCTOBERU, 1959 .-? AT THE EDmA V1TJ;AGE HALX _..- Rollcall was answered by Beim, Dickson, Kohler and Tupa. presided until Mayor Bredesen arrived, as hereinafter recorded. Mayor Pro Tem Dickson MINUTES of the Meetings of September 28 and October 5, 1959.were approved as submitted, by motion Beim, seconded by Kohler and carried. EPISCOPAL CHURCH OF ST. STEPHEN THE MARTYR WITHDRAWS PETITDN-90R REZONING.kManager Hyde announced receipt, today, of a letter from St. Stephen's Church, withdrawing its petition for the rezoning to Automobile Parking District of the Darr property on W .5Ot@ Street. MEETING HELD TONIGHT BECAUSE COLUMBUS DAY A STATE mGAL HOLIDAY. Mr- Hyde told audience that the Regular Meeting of the Council is being held tonight .because * Eolumbus Day precludes transaction of municipal business in Minnesota, according to ruling by Attorney General. PUBLIC IlEARINGS ON PROPOSED IMPROVEMENTS. FOR HIIXDm ARE%. I!&. Dickson reviewed for the audience the proposition placed before affected property o6'ners in a letter dated October 7, 1959, signed by the Village Manager, to the effect that assessment for Lift Station would not be made until property owners connected to the lateral sewer--at which time the assessment would include the proportionate cost of the lift station plus 5% interest from the present time to the date of connection. that the original petitioners against the improvement are in opposition to the new proposal. emergency in the true sense of the word. Mrs. Danley reiterated her statements of last meeting, to the effect that sewer is urgently needed by the petitioners because kthey are having grave difficulties with their own sewage systems. There was considerable discussion, most of it in the same vein as that heard at the last meeting. Objectors to the new plan wanted complete assurancekthat there would be no lien against their properties until such time as they connected to the sewer. Mr. Hasselquist told them that there would not be a lien because an assessment would not be levied. They were informed, however, that information concerning the deferred connection charge would be available for purchasers at the Village Hall. Some objectors protested the proposed interest charge. Dr. O'Brien told once again of the troubles he is having, and Mrs. Danley stated that np one can guarantee permanent relief by private system. of the general taxpayer as to what fund would pay for construction of the Lift Station, and Manager Hyde explained the proceedings briefly. Dickson continued to preside :-throughout the Hearing. answered by Mr. Balich that it is intended to serve Lot 12 directly from the man- hole in Circle East. on Spur Road be saved from assessment; that the sewer line be shortened and these lots obtain no service. Kohler it was announced that this could be done, but that the estimated cost of the lateral to those still getting service would be about $1,750 per lot for the lateral, plus $750 for the Lift Station. At this new estimate Mr. Kamisar, one of the petitioners for the project, demurred; and, after hearing estimates of from $600 to $800 on installing private systems, as set forth by Mr. Hoyt and Mrs. Merriman, Mr. Dickson asked petitioners to secure firm estimates Eor putting in their own private systems. He suggested that Hearing be continued until these estimates have been received, stating that if, after further investigation, petitioners still want sewer he believes Council should order it in on the basis presented here t0nigh.t. Trustee Beim, stating he believes the Council has not sufficient information to warrant its going ahead with this project, moved for denial of petition. Motion was seconded by Tupa; and, on Rollcall vote there were five ayes and no nays, as follows: Beim, aye; Dickson, aye; Kohler, aye; Tupa, aye; and Bredesen, aye; and the motion was unanimously carried. Audience was told, however, that, should original petitioners present the Council with evidence to the effect that there is not a solution to their present sewage problems, Council will again consider the matter of sewer in this area. 1. CONTINUATION 03' sEpTEMBEB28TH REARING ON SANITARY SEWER AND LIFT STATION Mr. J. R. Cargill, 8 Circle East, stated He protested that the "emergency" sewer petition is not an W. Roy Larson inquired on behalf Mayor Bredesen arrived during Mr . Hyde s explanation to Mrs . Larson, but Mr. Mr. Cargill questioned the design of the sewer line into Spur Road, and was It was then suggested by Mr. Cargill that Lots 11, 16 and 17 Upon some quick figuring by Manager Hyde and Trustee At this time Mayor Bredesen took his chair and presided for the balance of the meeting. 254 . 2. PUBLIC HEARING ON PROPOSED SANTWY SEVER IN PARNEI;L AVX3fUEl FROM 11.63~~ ST: t, October 1 and 8, 1959 of 'fNotice of Public Bearing", which affidavit was approved as TO 355- FT. NORTH. Clerk read Affidavit of Publication in Edina-Morningside Courier \to form and ordered placed on file. Pursuant to said Notice, Public Hearing was conducted on the above named improvement. Cost in amount of $4,971.60, proposed to be assessed against ten lots for $497.16 per lot; then explained that bids taken this morning had been below estimate and that net cost would be approximately $417.00 per lot. mere were no gb jections registered at the Baring, and no written objections had been received prior thereto, and Dickson offered the following Resolution and moved its adoption: Manager Hyde read Engineer's Estimate of RESOLUTION ORDERING IMPROVEMENT SANITARY SEWER IMPROVEMENT ~0.~61 BE IT RESOIXED By the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published on the folloving proposed improvement: CONSTRUCTION OF SANITARY SEZ7ER AND APPURmC!ES IN PARNEU AVENUE FROM w.63~~ ST. TO 555 FT. NORTH 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 improve- ment; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as SANITARY SEKER IMPROVEMENT NO. 161, and the area to be specially assessed therefor shall include all lots, blocks and tracts of land abutting the portion of the street proposed to be improved. . Motion for adoption of Resolution was seconde five ayes and no nays, as follows: Beim, and Bredesen, aye; and the Resolution was ATTEST : \ Village Clerk PUBLIC IZARINGS ON PETITIONS FOR REZONING: Posting and Mailing of "Notice of Public Hearings on Petitions for Rezoning", which Clerk presented Affidavits of Publication, A. B* affidavits were approved as to form and ordered placed on file. Notice, Public Hearings were conducted, and action was taken as hereinafter recorded on the following: 1. PETITION OF MISSES KATBERIXE E. PEARC!E AND MARIE ELIZABETH PEARCE FOR: Pursuant to said Rezoning from OpenDevelopment District to either COMMUKL'TY STORE DISTRICT, REGIONAL SHOPPING DISTRICT, OR COMMERCLAL DISTRICT of the following described property: size south of York Avenue South and forming part of the following described property: 'Lot 5, Cassin's Outlots, except that part described as Commencing at the center of Section 29, Township 28, Range 24; thence North 1979.13 feet to the North line of the South 3/4 of the NW1/4; thence West 221.1 feet; thence South to a point Ug.1 feet West of the point of beginning; thence East along the South line of the IW1/4 to the point of beginning' .'r "That triangular tract of approximately One-half (1/2) acre in and Rezoning from Ultiple Residence District to either COMMUNITY STORE DISTRICT, REGIONAL SHOPPING DISTRICT, OR COMMERCIAL DISTRICT of the'following described property: described as follows: Range 24; thence North 1979.13 feet to the North line of the South 3/4 of the NW1/4; thence Vest 221.1 feet; thence South to a point Ug.1 feet West of the point of beginning; thence East along the South line of the N?1/4 to the point of beginning. '' "The South 600 Feet of Lot 5, Cassin's Outlots, except that part Commencing at the center of Section 29, Township 28, 2. PETITION OF SOUTEIDKCJZ REALTY COMPANY FOR: A. Rezoning fromHultiple Residence District to REGIONAL SHOPPING DISTRICT of and Rezoning from Regional Medical District to REGIONAL SHOPPING DISTRICT of the Attorney Josiah Brill, representing the Misses Pearce, pointed out that pmperty to the South and East of the Pearce tracts is being used for commercial purposes, stating he and his clients believe it is very unreasonable and confiscatory to the value of the Pearce properties to prevent them from the same useage. He told Council and audience that the Pearce property extends to the North for some considerable way beyond the portion they wish rezoned; that k they are willing to dedicate a *'break" to be used for no purpose at all, so that ithen this North tract is built up there will be no devaluation of it. Pearce tract will be large. placed on the land useage of the Pearce land are invalid and unreasonable; that he feels the Courts will- agree with his opinion. the South 600 Feet of Lot 4, Cassin's Outlots B. South 600 Feet of Lots 1 and 3, Cassin's Outlots Mr. Brill stated that the tax benefits from rezoning of the He stated that in his opinion the restrictions now 16/13/59 6-3 *- Southdale Realty' Company was gqresented by Mr . Robert Crabb, who stated that L 3 5 several years ago, at the tjme of rezoning for Medical District, the Planning, Commission and Council had established a basic policy on the whole tract of land North of W..66th Street; that the Southdale petition is put forth so that the Council may consider the whole tract once again. He stated that Southdale Realty Company, owner of just under one acre of the Irisland", does not agree with the Pearce sisters on the rezoning of this tract; that Southdale Realty Company has never been able to think of any use of the triangle which would not interfere with the traffic flow in this critical intersection and would, therefore, object to any rezoning of the triangle. Mayor Bredesen inquired of Mr. Brill as to whether he had any expert opinions to the effect that the Pearce property cannot be used for multiple dwellings. Mr . Brill introduced Mr . A1 Godward, Planning Consultant and former Minneapolis Planning Engineer, who stated that in his opinion the best economic use for the land is not for multiple~dwellings, from the standpoint of either adequate return for the value of the property or of tax yield. inquired from Mr. Godward, "But the. property could be used for multiple dwelling purposes?lr And Mr. Godward replied, "Why, yes. It has sewer and water and can be used for almost any type of structure". Mr. Bredesen then Next, Mr. Bredesen asked Mr. Brill if multiple housing would yield anywhere near what the yield would be if the property were to be rezoned in accordance with the petition; and Mr. Brill replied that he does nut, believe that anyone who wanted to build apartment houses would build in this area; that there are too many sites in Minneapolis and the surr-ounding area for apartment building sites; that the 66th Street traffic, 'the noise, and the lights of neighboring commercial establishments seriously detract from the desirability of the Pearce tract for apartments. Village Manager Hyde asked Mr. Brill (if commercial noise and light detracts from the desirability of the South 600 feet of this property for residential use) how he could justify his previous statement to the effect that the North tract of the Pearce land would not be devaluated by rezoning of the South 600 feet for commercial use; and Mr. Brill replied that there could be a break of 150 feet between proposed commercial useage and proposed residential use--this break being dedicated for no reason except to provide a wide buffer between the two zones. The owner at .6300-02 Xerxes Avenue eqressed himself as being very 'much opposed to the petitioned rezoning; and another gentleman spoke up to say that the traffic on W .66th Street should prove no problem for multiple dwellings--that there are apartment buildings on Michigan Avenue in Chicago. Trustee Kohler, stating that to the best of his knowledge this tract is within the Richfield School District and that, therefore, some 65% of the taxes would go to that school district, said he believes that the taxes should not even be considered in the matter of rezoning. Trustee Tupa reminded Council that Southdale Realty Company had applied for and received building permits for multiple residences in their tract; then had retracted their application, paying a penalty rather than to proceed with building. Mr. Crabb replied kthat the timing for the project seemed bad, because of the number of apartments then being constructed'on w.66th Street; that it was not because they had changed their ideas--that they are still planning apartments in this area. At a question from the Council as to the reason for this action, Mr. A. R. Green, 6426 Xerxes, asked what assurance neighboring property owners could be given that a "break" would actually be dedicated; that there wouldn't be a subsequent petition for rezoning to the North of the presently considered South 600 feet of the tract. He objected to any rezoning. Mr. Doster, 6402 Xerxes Avenue, reporting that he and his neighbors had purchased their properties knowing that the Pearce tract was zoned for multiple dwellings; that very few if any of them would have purchased had they thought there was a possibility of the property's being rezoned for commercial use, stated he feels that if this tract is rezoned there is just one more step before the entire tract is commercial. He reminded Council that considerable property to the South of Southdale Center is zoned for commercial use but as yet unused; stating he feels that to rezone additional property for commercial use would be defeating the Council's purpose of an orderly, planned trade center. Mr. Chandler, of the Spring Company's Investment Office, told Council that the traffic flow on W.66th Street makes the area abutting 66th much more suikable for commercial than for multiple dwelling purposes; that there is a scarcity of land within Edina and Richfield, on W.66th Street, available for commercial purposes; that commercial land is being sold for considerably more than is being received for multiple residence properties. The owner of 6616-6618 and 6622-24 Xerxes Avenue stated that in his opinion more apartment buildings are built next to traffic arteries than away from them; that 5 -apartment dwellers like the convenience of'immediate access to the traffic pattern. Mrs. Blaison, 6340 Xerxes Avenue, told Council that their property had been purchased on the assurance &at the Pearce tract was not commercially zoned; that if the Council rezones this tract, now, and then rezones again when the Crosstown Highway is built, there will be an "island" of residential properties in the area; that the living quarters of several of the Xerxes Avenue homes are in the rear, which will mean that they look out over the proposed commercial establishments. She expressed herself as verymuch against this rezoning. . -- - Mrs. Doster, 6402 Xerxes Avenue, told Council that the Doster property had been pur- chased on the assurance from the Village that the.Pearce tract was zoned Multiple Residence; that there were plans for a park behind them. extent of the trade center already in operation (Southdale Center and shopping areas in neighboring Richfield, as well as the other shopping areas along 11.66th Street), Mrs. Doster asked, 'Where are you going to get the people to trade in this shopping area?" Mrs. Doster added that by rezoning as petitioned the Council would be filling this area with commercial property against the desires of residents who have purchased in the neighborhood in good faith. I Reminding Council of the Mr. Jandro, 6420 Xerxes, &taking issue with the statement that the traffic flow on 66th Street is detrimental to multiple-housing, reported that if the Council will tee a ride down 66th Street it will find quite -a few apartments along this street. He added that he has put the bulk of his savings into his home and that it means a great deal to him; that if the petitioned rezoning is approved it will devaluate his home by just about the amount he has put into it. He told Council he had checked on the neighborhood zoning at the time he purchased, that across the street there are single-family dwellings. DowntownMinneapolis and to an extensive shopping center in Edina to be adequately served without additional commercial zoning; that the area between Southdale Shopping Center and 11. 66th Street is well landscaped and maintained and serves as a break between commercial and residential areas. Mr. Jandro stated that this area is sufficiently close to The owner at 6304 Chowen Avenue asked that the property be kept residential. MayorsBredesen, reviewing for the audience the consideration given by the Planning Commission and the Village Council to petitions for rezoning along the North side of W.66th Street, asked that the following be written into this record: PUnning Coma3ssion considered a request for rezoning on August 8, 1956 and tabled decision pending an over-all study of problem. On August 13, 1956, Council employed Carl Gardner and Associates (an independent planning firm from Chicago) to make a survey of the south portion of Edina and prepare over-all zoning plan of the area, at a cost of $3,800. Plan was submitted by Gardner and Associates December 5, 1956, recommending that area in question be zoned for multiple dwelling use. At a public hearing held Sept-mber 8, 1958, the property was rezoned from open development to 'Bultiple Residence District". Stating thak the Gardner report had covered the South l/3 of the Village, Mr. Bredesen read excerpts from the report's covering letter, dated December 5, 1956, as follows: Ve are submitting under separate cover our general planning report on the southern third of Edina. In addition, we have been asked by you to examine the proposal for multiple dwelling use north of the Southdale commercial area. general report, we believe that multiple dwelling use would be the best use for the area in question. 'T?e do, however, think that the entire area east to Xerxes and north to the proposed crosstown expressway should be zoned for multiple dwelling use. proximtty to Southdale and the double bungalows and its accessibility by major thorough- fares, the area is well suited to low-density multiple dwelling development". Stating that he knows there have been some changes in the area since this report was filed, Mr. Bredesen reported that in his judgment the changes have not been of such nature that the Council should throw away the specific recommendations of an independent planning organization. Mr. Henry Swiggum, 6308 Dodd Place, who stated he is speaking for himself and several of his neighbors in Evans Addition, stated he does not believe Mr. Brill's contention that present zoning on the Pearce property is confiscatory but does feel that if Council rezones this property for commercial use the action will certainlybe confis- catory to the owners of residential properties. a matter of balancing the equities of the respective properties; that residents ~ purchased with the assurance that the Pearce tract was residential property and sincerely feel that their own residential properties will be considerably devaluated if the petitioned zoning is adopted; whereas the Eearce property has not been de- preciated but has continued to appreciate in value throughout the years. 1. 2. 3. 4. As we state in our Because of its I Mr. Swiggum told Council that this is .. Miss Katherine Pearce stated that taxes on the property have gone from $179 to $3,000; that, in &%$ition, there are sewer! assessments on the property; that she did not approve of the double bungalows because she felt there was insufficient room for them but dpes not have the slightest intention of hurting anyone there; that her family has had the property for.over a hundred years and she feels that she is entitled to some return on it. ab-out the condemnation of her property for street purposes. Mr. Godward inquired as to whether it was not intended to rezone the island at the time 66th street was condemned, and some di.scussion was had on this, with Mr. Bredesen stating he feels that this island area should have been taken along with the balance of 66th Street. '.- She explained that sheswas not consulted Mr. Green told Council that taxes on the Xerxes Avenue double bungalows are in excess of $15,000 yearly; that the valuation is approximately have a million dollars; that owners as a group, in presenting their facts to the Council, should have greater consideration because this property has been improved than requests by owners of properties which have not been developed because owners were awaiting higher prices; that owners can still sell this .undeveloped property and realize a thousand times its value 100 years ago. Village Planning Director George Hite explained that when a part of the Pearce tract was rezoned $0 Multiple Residence District in 1958 the Triangle was left in the open Development District at the recommendation of the Flanning Commission that the area be and remain an open area for park purposes; that the area is not suitable for development; and that this be the park dedication for the tract. He stated that the Commission's recommendation on the petition for rezoning this particular tract is that the petition be denied, and that in making this present recommendation the Commission is merely reaffirming its recommendation made a year ago. At a question from Mr. Chandler as to why the area North of the Southdale Center properties is not.being treated,in the same manner as the area to the South, Mr.x Hite replied that kthis is the recommendation.ofmCar1 Gardner and Associates. Mr. Green told Council he feels that the property should be of less value for a business district than for multiple dwellings because of the double boulevard. He asked what suggestions had been made for crossing this main traffic artery of 66th Street from one business district to another; and Mayor Bredesen stated that the creation of additional traffic hazards and additional police problems is one reason for his objection to proposed rezoning. Mr. Godward asked if this sane problem did not apply to France Avenue when that was rezoned; and Mr. Bredesen, after stating that there were practically no residences in the area at the time the France Avenue properties encountered on France Avenue crossing. Trustee Kohler , stating that residential development (its recommendation is that it be were rezoned, said that some of the problems . have contributed to questions .. about a 66th Street it is evident that the."island" is not suitable for presently zoned use) ana that Planning Commission's kept for open area, suggested that the Village Attorney be directed to acquire this tract for the Village by either nego%iation or condemn- ation and that petition for rezoning be denied, and so moved. by Beim and carried, with Tupa not voting. Motion was seconded Mr. Kohler then stated that, in his opinion, the present Zoning for the balance of the Pearce Tract and the Southdale Tracts is proper, and tha-bhpon red-ew of the recommendations of Planning Consultant and.Planning Commission, together with receipt tonight of objections of' adjoining property owners, he moves to deny the petitions of the Misses Pearce and Southdale Realty for rezoning. Motion for denial of petitions was seconded by Beim; and on Rollcall vote there were four - ayes and one nay, as follows: Beim, aye; Dickson, aye; and Bredesen; aye; and the motion was carried. IMPROVEMENT PETITIONS -FILED. The following Improvement and Kohler moved for acceptance and referral to Village Motion seconded by Beim and carried: BLACKTOPPING - Normandale Court. Kohler, aye; Tupa, nay; Petitions were presented, Engineer for programming. BLACKTOPPING - St. Johns Ave . , W .58th St. to present Blacktop between W.58th and BLACKTOPPING - St. Johns Ave., W .62nd St. to W .63rd St. (Garrison Lane). BLACKTOPPING - McGuire Rd., W.6gth St. to Galway Dr .; -Brook Dr., W .6gth St. to McGuire Ed. ; Tracy Ave . , W JOth St. to Brook Dr . ; W.69th St., Antrim Rd. to McGuire Rd. W .59th Sts . OILING - Parnell Ave . , Valley View Rd. to W. 60th St. STORM SEWER - For White Oaks "Meadow" SANITARY SEWER, WATERMAIN, GRADING & GRAVELLING - Johnson Dr., ~~y.#169 to Grove St. 25s PU6T;CC l33ARINGS SCHEDUIED ON ZONING €@QUESTS: Planning Commission 's October 7th favorable recommendations on the following Planning Director Hite reported the \ requests: 1. 2. 3. PETITION OF TEXACO., INC. for special permit to construct a Gasoline Tupa's motion, scheduling Public Hearings on these requests in accordance vith PETITION OF MR, DAVE: THOMAS, for the rezoning from Open Development District REQUEST OF MR. EDTURD CAPRA for permit to maintain a $-foot projection into to Multiple Residence District of the property known as 5410 France Avenue South. the required front yard setback, at property knom as 6108 Xerxes Avenue South. Service Station on the Northwest Corner of 70th St. and France Avenue. provisions of Village Zoning Ordinance, for Monday, October 26, was seconded by Beim and carried. U DREZER'S FIRST ADDITION PIIEUMIWY PLAT APPROVED. recommendation for approval of Preliminary Plat was reviewed by Council, and Kohler moved for approval in accord with said recommendations. Motion seconded by Dickson and carried. Planning Commission's October 7th BlppE'S FRANCE AVENUE SECOND ADDITION%-PEELIMINARY AND FINAL PLATS APPROVED. plat was considered as both Preliminary and Final, in line with Planning Commission's This October 7th recommendations for both preliminary and final approval. told Council that this plat will mean the cutting of the France Avenue paving for utilities services. that developer be informed that there would be a charge for this cut (larger than that of ordinary street repair after service cut). Preliminary and Final Plat was seconded by Kohler and carried. Engineer Zikan Some discussion was had on this latter matte?, and it was agreed Dickson's motion for approval of WIXD FIRST ADDITION--PIBUNIWRY AND FINAL PLATS APPROVED. Council reviewed Planning Commission's October 7th recommendations for approval; and Beim moved for approval of Preliminary and Final Plats. Motion seconded by Dickson and carried. PUBLIC HEXRINGS ON PROPOSED SANIWY SENEX AND WATEBMUN FOR LAI(E EDINA SECOND MIDITIOW were conducted pursuant to 8Notice of Public Hearings" published in Edina- Morningside Courier on October 1 and 8, 1959. presented by Clerk, approved as to form and ordered placed on file. Council that the Estimates of Cost, as prepared by Mr. Arleigh Smith, developer Stow's Consulting Engineer, were $49,142.44 for Watermain and $29,856.72 for Sanitary Sewer but that bids taken today had been considerably below estimate--the low bid of F. Edorettini Construction Company for both sewer and water being $40,132.50 for completion of work by January 1, 1960, $38,092.05 for June 15, 1960 completion.He reminded Council that procedure for improvement is under the new "subdivision financing agreement", reporting that signed agreement has hot yet been received fromMr. Stow. Affidavits of said publication were Mr. Hyde told TmT Ma PROVISION IN "SUBDIVISION FINANCING AGFEEDENT" PROTESW BY that the results of the bidding were satisfactory to him and he had no objections 4mLOOPER STOW. Mr. Stow, who had heard Estimates and bids, told the Council to the improvements. subdivision agreement presented to him for signature, requiring that developers maintain the streets in their plats until such time as permanent surfacing could be had. Pointing out that the streets are accepted by the Village as public streets at the time the plat is filed for record, Mr. Stow inquired as to how the Village could ask or expect any developer to assume the cost of maintaining public road- ways. Attorney Hasselquist wanted to know just vhen the Village does accept the streets for maintenance. plats are filed before the streets are to grade. a bond is provided by the developers for the gravelling of the streets in their plats; that, although plats are accepted for filing of record before streets are gravelled, the performance bond is not released until the Village engineers have checked cross sections and in some cases havekmade soilborings to see that the required gravel has been installed. developments streets should be surfaced within one or l* years; that these are the areas where the Village has most of its street maintenance problems; that, legally, the Village has the right on new streets to withhold acceptance for maintenance until they are up to certain standards. method is to install underground utilities before gravel is applied; and Builder John Carroll told Councilthat,6nce streets have been gravelled the Village should assume cost of maintenance until such time as they are permanently surfaced. He said that unless this was done the developer would be faced with a double cost in many cases, because the gravel will wash on the hills unless streets are bladed often. maintaining the streets$ that this would mean hiring the work done, at prohibitive expense. assurance that streets in new plats will be permanently surfaced within two years from the time the plat is filed, and asked that procedure for such assurance be outlined for the record. He did, however, most vehemently object to a clause-in the He asked Engineer Zikan just Tqhat the procedure is--whether Mr. Zikan stated that, normally, Mr. Hyde explained that it was his understanding that in new I It was pointed.out that the most economical Mr. Stow told Council that developers do not have the equipment necessary for Trustee Kohler told Council that he is interested only in having absolute - -- 1 0/13/59 258 Mr.'Xyde told Council that the procedure for guaranteeing permanent surfacing will be as follows, if the Council decides that Village should maintain streets' in accordance with hk. Stow's request: grade and gravel new streets according to village-approved plans and specifications or will post a bond guaranteeing the performance of-such work. Agreement entered into by the developer for the purpose of receiving short-term financing on sewer and water improvements will contain a provision requiring developer to install permanent street surfacing with curb and gutter within a specified length of time. he so desires, to request similar short-term financing for these street improve- ments . improvements or enters into an agreement with the Village for financing same, he will be required to pay to the Village a specified amount which will be held in escrow until such time as these improvements are installed, at which time it will be credited against the cost of the project. streets until such time as the grading and gravelling is completed and is certified by the Village Engineer to be in conformance with the approved plans and specifications. This seemed to neet with the approval of the Council, although there was no formal action taken; and Mi. Stow told Council that he had no objections to signing the-proposed improvements agreement if the controversial maintenance clause was removed. I;ohler then offered the following Resolution and moved its adoption: 1, Before the Village releases a plat for filing the developer will either i 2, Such provision will permit developer, if 3. If developer sells a lot before he either installs required street 4. The developer will be responsible for the maintenance of these new *RESOLUTION ORDERIfTG IMPROVE4EfJTS SANITARY SEWER ILIPROVELIE2JT NO. 162 s VJATERMAIW I!:IPROVEL;ENT NO. 143 EE IT RESOLVED by the Council of the Village of Edinai Xinnesota, that this Council heretofore caused notices of hearings to be duly published on the follow- ing proposed improvements: 1 CONSTRUCTION OF VILLAGE SAMITARY SEWER AND APPURTENANCES IN THE FOLLOWING STREETS : Trillium Lane from Hibiscus Ave. to 400 feet Tlorth IAonardo Lane Phlox Lane 2. CONSTRUCTION OF VILLAGE VJATERnMIN AND APPURTEWPICES IN THE FOLLOI\JING STREETS : Trillium Lane from Hibiscus Ave. to Lantana Lane ' Monardo Lane Phlox Lane Hibiscus Avenue from Kwy $100 to West Shore Drive YJest Shore Drive from Hibiscus Ave. to south Line of South Garden Estates-Fourth Addition, 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 being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvements; that said improvements are hereby designated and shall be referred to in all subsequent proceedings as SANITARY SEWER ILIPROVEMENT NO. 162 &>ID WATENdA1:IM IRlPROVE!JENT KO. 143 , respectively; and the areas to be specially assessed therefor shall include all lots, blocks and tracts of land abutting the streets proposed to be improved? action ordering improvements being MotiQn for adoption viere five ayes and no nays, Tupa, aye; and Eredesen, Mayor Village clerk AriIARD OF BIDS TAKE3 TODAY: recommendations were dade and action was taken as follows: 1. . SANITARY SEI'JER IMPROVEMENT NO. 161 - Parnell Ave. from W.63rd St. to 555 Ft. North, Barbarossa 8 Sons, Inc., second low at $3,861050; Phelps-Drake Co., Inc,, third ~OVI, at $3,839.00. Recommendation was for award of contract to low .bidde~, and Dickson so moved. blotion seconded Eeim and carried. S?.KIT:?RY SES'IER IIJPROVElt4EPJTS MOS 157 AND 152 - Llirror Lakes Drive from .Existing Trunk Sewer to and including 5128 and 5129; and Mirror Lakes Drive, Ayrshire Blvd. to 1025' North. bidder at $26,784.55 for both jobs; Phelps-Drake CO., Inc., second low, at $27,010.27; F.1:lorettini Const. co. , third low, at $27,737.55. was for award to low bidder, and Dickson so moved. and carried. they include an amount for Bl-acktopping. Tabulation of Bids taken this mckning was presented, and Four bidders, F. Morettini Const. GO. being low, at $3,319.00; 2. Four bids, Barbarossa 2 Sonsp Inc., being low Recommdatim Motion seccnded by 1:ohler @ne resident questioned the amount of the bids and was told that 260 10/13/59 3. S,*.l:IT.mj' SE:'E?L I!.:FF.@lJE.'.EP.!T F!O. 162 1;I"D 'JiiTERJ~~~II! IIiPROI/E.IH!T I!@. 143. -- La!:e Edina Second Addition, January 1, 1960 crr.pleticn and for June 15, 1960 cocpletihn; that four bids had been received €or early completion, three bids for the later coEpletion date, F. LIorettini Const. Co. being low bidder in both cases, at $40,132.50 for January I, $38,092.05 for June 15, with Phelps-Dra!:e being second-loa, at $44,6€3.16 for either date, and Barbarossa & Sons, Inc., third lon, with $4-5,415.&0 for either date. Developer Ston was asked what corrpletion date he wanted on these prcjeets, and replied that he wished the January 1 date. Zngineer Zi!:an reported that State Board of Eealth approval has not yet been received €or these projects, and Dickson then moved for award of contract to low bidder, subject to receipt of State Eoard of Health approval subject to receipt of signed financing agreement by developer ,/in accordance with the resolution ordering inprovenents. Station Ylagon, a PoiiGe Patrol Car, and either a 2-door Sedan or a 1/2-Ton Pickup Truck for use by the I'Iater Department; that bids had been received as follov~s : FOR STATIC? !'I83X, WLICE PATROL CfW AT!D 2-DGO3 SEDiu'! (with trade-ins specified) - Hopkins Kotor Sales, Inc. (Plymauth), low bidder at a Total Eet Bid of 34,374.05; It'oodhead coo, Inc. (Ford), second-loa, at $4,572.00; and Grossnan Chevrolet coo, high bidder at $4,75427; and with saxe trade-ins as specified above, Hopkins t;otor Sales, low bidder at $4168.32; Xood Co., Inc., second-low, at $43,02.00; and Grossnan Chevrolet Co., inc., high bidder at $4,444.72. Llanager Hyde recorrmended ward of contract on the basis of Station Uagon, Police Patrol Car, and 2-Door Sedan, but Council was of opinion that pickup truck would be of nore general use, and Tupa moved for award of contract to Hopkins Kotor Sales on basis of Station !'!agony Police Patrol Car and 1/2-~on Pickup, at $4,165.32. tIanager iiyde reported receipt of only one bid, that of the Pure Oil Corcpany, amount $1,250, for a 1947 GI.%, 1,:odel AC-604, with 1500 gal. Heil truck tank. He recommended award of contract to this bidder and Dickson so moved. It vias explained that bids had been taken €or ns and adf b!% J.:otion seconded by 'Eeim and 4, c~ried. EHICLES. Llanager Eyde explained that bids were on three vehicles--a FOX STATICI! 1;LYX29 POLICE PATROL CAR i'!D 1/2-TOI? PICKUP (instead of 2-Dr) 5. USED TANK TRUCK F03 FIRE DEPAFXFJENT. bbtion seconded by Beim and carried. I STOt'l' S DELQXY ADDITIC! UTILITIES DELAYED Pl3fDII:G FIP!M!CIKG .'lGREB.l€I*!T N!D E;O;IID* hk. Hyde told Council that the utilities contractor is very anxious to begin work in this area, but that agreenent and bond have not yet been received;that, therefore contract cannot be released. VALLEY RIDSE AD31TICIIT FF;ELII.lII!ARY REFORTED. that the Planning Commission has denied developer Roy H. Peterson's request for rezoning fron Cpen Developxent to Xultiple Residence District of the 30-acre tract !'Jest of Valley ?lievr Road and South of Pline ISle Creel:, but that Commission vmuld approve Preliminary Plat for residential purposes. informtion purposes only, and no action was taken. Planning Director Hite told Ccuncil This report was made for I.;cGkRY ADDITIG~I F1i:fIL PLAT APPROVED. ation €or approval was revierzed and Dickson moved for approval of Final Plat by Council. Planning Commission's October 7th recomend- I.:otion seconded by Kohler and carried. REPLAT OF LOT 6, ELCCI; 1, LW!D-I3USE ADDITIa'? FII!AL PLI\T APPROVED BY COWICIL. lair. Hike reported that Planning Conmission would take no action to approve Final Plat inasmch as they had not approved Preliminary. Plat. Dickson moved €or approval of Final I.:otion seconded by Ihhler and carried, with wedesen voting !lo. H:',R@LD HARDACIIEF, REQUEST FOR LONG-UAY-OF-LOT FACII!GS OPI LOTS 2 &JD 8, f311ESSE ADS;. TO E€ HEARD IPT PUBLIC HE.lRIE!G. This request, to face these houses on &esse Circle rather than on Zaloney .:,venue, had been denied, pursuant to objections by property owners on IJaloney Ave. that conplanants have now vrithdravm their objections. Tupa's rzotion for Public Nearing on matter, to bs held October 26, was seconded by I;ohler and carried. . 1.k. Hite explained that new plans have since been presented, QUiLIFIED 'PER;.:IT ISSUED FOR L'I3VIE:G OF D.'ELLII"!G FROG 6200 S1iEEI:ODD AYE. TCZ 6E01 I!C,Z'A!DkLE ROAD. above stated, has been approved by all the imediate neighbors except ik. Al, Payton. He asked for authority to issue koving permit subject to Ex. Payton's approval. It was so ordered by motion Dickson, seccnded by Beim and carried, i.k. Hite reported that the request for moving of ciuelling, as STEJ RSE VILLAGE-SCECOL PliY:Xt!T FOR COP!STRUCTIh! OF COR!!ELI'X DRIVE I!! STO17' S DELQ'IEY ADDITIC;:. the school-park property, vinereas developers are usually asked to dedicate only a half-street on border of property, ?:a. stow stated he expects Par!: Eoard an? r:-. 1. to pay their porticn for ccnstruction of street. Er. Stow was reninded by Planning Director Hite that a strip of land L5"x1200' was accepted for this street, in lieu of pari: dedication, :kse Alden reported that Schcol has already been assessed once Protesting that he had to dedicate a full-width street adjoining 1 0/13/59 A2 39'11 2, for watermain and that, therefore, it will not be possible to assess it for watermain on Cornelia Drive. No action taken. 1- 7 i ATTOF$<E'f DIRECTED TO II?VESTIGATE PROELEL4 OF "VILLAGE SH!IRE" OF UTILITIES OK BRISTOL BkW. per Lot for 5 lots abutting Bristol Blvd., for the cost of Sanitary Sewer and Watermain. that this would be in order. Attorney Hasselquist told Council that he is not yet sure in his own mind that the village has authority to pay, because no bids were taken on the project. Mrm Stow stated he will be glad to send a formal claim in the amount of $817,00 per lot for 5 lots. Asked if the Village'had asked for water for the park, Mr. Hyde replied that water was not requested for the park-- that 3r. Stow was required to put in utilities for his development. referred to Village Attorney for investigation by motion Dickson, seconded by Beim and carried. Nr. Stow stated that he intends to bill the village in the amount of $817.00 Mr. Hyde reported that a detailed claim has not yet been profexred, Matter was HEARING SCHEDULED FOR NOVEMBER 9 ON PROPOSED SUPPLEMENTAL ASSESSIviENT TO SAEITARY SEI,\IER NO. 65 FOR "STOVJ'S EDGEMWR". by the Council, an Assessment Roll has now been tabulated for a Supplemental Assess- ment to Sanitary Sewer Improvement No. 65 for all lots in Stow's Edgemoor except Lots 1, 2 and 3, Block 7, which will connect to Trunk Sewer No. C-lm the following Resolution and moved its adoption: Clerk reported that, pursuant to instructions Tupa offeied RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARING ON PROPOSED SUPPLEIENTAL ASS ESSIJFNT TO SANITARY SEWER IUPROVEMENT NO. 65 FOR STOW' S EDGEMOOR BE IT RESOLVED by the council of the villaqe of Edina as follows: 1. The Clerk and Engineer having calculated the proper amounts to be assessed for the proposed Supplemental Assessment to Sanitary Sewer No. 65 set forth in the Notice of Hearing form hereinafter recorded, and the arriounts proposed to be assessed against the respective lots, pieces and parcels of land within the districts affected by said improvement, and said proposed assessment having been filed with the clerk, the same is hereby approved; and the Clerk shall keep the same on file in her office and open to public inspection pending hearings thereon as herein provided. This Council shall meet at the time and place specified in the form of notice of hearing hereinafter contained, to pass upon-said proposed assessment, and the Clerk is hereby authorized and directed to publish notice of said hearing in the official newspaper in accordance with law: 2, NOTICE OF HEARING ON SUPPLEXIEXTAL ASSESSMENT TO SAHITARY SEWER NO. 65 NOTICE IS HEREBY GIVEN that the council of the Village of Edina will meet at the Edina Village Hall on hlonday, November 9, 1959 at 7:OO o'clock P.M., to hear, consider and pass upon all written or oral objections, if any, to the proposed supplemental assess- ment in respect of Sanitary Sewer Improvement Nom 65. The proposed assessment roll is now on file and open to public inspection by all persons interested, in the office of the village Clerk. payable, unless prepaid, in eight equal consecutive annual installments, the first of such installments to be payable with general taxes for the year 1959, collectible with such taxes during the year 1960, The first installment will be payable with interest at the rate of 57L per annum on the entire assessment from October 10, 1959 to December 31, 1960, and each subsequent installment will be payable with one year's interest at said rate on all unpaid installments, except that no interest will be charged if the entire assessment as to any parcel is paid at the office of the Village Treasurer within 30 days from the date of the adoption of the assessment roll. I The entire amount assessed against any parcel of land will be The general nature of Sanitary Sewer Nom 65 is as follows: "Construction of 24" and 33" Sanitary Sewer and appurtenances, laid from Valley View Road and West 69th Street, Southerly on Valley View Road across West 70th Street; southeasterly to West 72nd Street extended; thm easterly and southerly to C'lest 73rd Street and East to Xerxes Avenue; th, South to West 75th Street and connecting to 33" Richfield Trunk Sewer to Minneapolis." all lots and tracts of land listed below: Block 2, Lots 1 thru 6; Block 3, Lots 1 thru 10; Block 4, Lots 1 thru 9; Block 5, Lots 1 thru 9; Block 6, Lots 1 thru 16; Block 7, Lots 4, 5 and 6; Block E, Lot 1; Block 9, Lot 1. The area proposed to be supplementally assessed for this improvement includes REGISTERED LAND SURVEY NO, 677 - Lot A- STOW'S EDGEhlOOR - Block 1, Lot 1; Park Property. BY ORDER OF THE VILLAGE COUPJCIL. GRETCHEN S. ALDEN Village Clerk Xotion for adoption of Resolution was seconde er, and on Rollcall there were five ayes and no nays, as follows: Beim, aye , aye; Kohler, aye; Tupa, aye; and Bredesen, aye; and the Resolution was ad ATTESP /!L5z&Ja -l/ Village Clerk 262 10/13/59 .$D-j-j$ *@RE:ISES AT 6301 PmIELL ,'IVEXJE DECLARED A I:UISN.?CE. the findings of the Euilding Inspector and Fire chief to the effect that the pile of debris on the Addy-owed premises, a result of Council order to dercelish a building there, has not been rerr,oved and constitutes an attractive Tluisance to children of the neighborhood. Kohler's motion that Council proceed under the ordinance to have this nuisance abated, calling a Public Hearing on same on !.',onday, I!ovember 9, nas seconded by Dic!;son and carried. L:anager Hyde reported DOUBLE BUPIGALOW AT 4429 V&Lm VIE'! ROAD TO BE I!.?PROVED SHORTLY. reported that 3. 1i"lil:kelson is now installing the fence at this address; that he has contracted with a firm of stucccers in Nelson-2:'oodhill Subdivision to stucco the exterior of this drJelling just as they are finished with their present j.ob. IJanager Hyde EETICi! CJTLIXED FO2 SOLUTIOi! OF WATER PROE;LEI.IS. Council reviewed a detailed written report, dated Cctober 13, 1959, and entitled "HOYJ Edina Can Provide Good I;Tatertt , presented by Village Kanager Hyde. outlined several courses of action on a long-range basis, and recommended the folloving irrmediate action: Report reviewed water troubles, 1. 2. Amnonium sulphate be added to the water .immediately. Authority be given for the retention of further consulting engineering study and report' as 'io the cost and result of: A. Lime-soda softening; Bo Iron removal with zeolite softening; C. Iron Removal. D. Using only Hinc!:ley strata water; E. Proposed locations for treatment plants. Enploynent of two additional men and purchase of an additional pic!<-up Lruc!: to permit a constant main-flushing program. 3. @ne of the courses of action dutlined by Llr. Hyde was a possible connection with the 1:inneapolis system, and Trustee Beim expressed interest in this. S0rr.e . considerable discussion was had by the Council on the costs involved in the various neans of treatKent, and it was decided that Llanager: !bite the city of tiinneapolis for all pertinent information concerning Llinneapolis' furuishing Edina its water supply--cost, main and storage capacity necessary, etc. 2. Do all things recomr.ended in recomniendations listed above, including ezployment of Banister Engineering Company at a cost of not more than $1,000 on the Ratter of costs of iron renova1 plants, etc. 1. $l,OOO,OCO II.IPROEI*.'E?:T ECIIDS TO BE SOLD I!OVEf.iiER 9. NoverrJoer 9th is the date tentatively scheduled €or sale of the $1,000,000 Improvement Eonds as previously outlined by Finance Director Dalen. forrcal action on date of sale, and Kohler offered the following Resolution and moved its adoption: Eanager Hyde told Council that He asked that Council take RESOLUTICYd PROVIDIKG FOR PUBLIC SPLE OF 51,000,000 GEIJERAL OBLIGATION ILIPROVE?:IB!T BORDS BE IT RESOLED by the council of the Village of Edina, Llinnesota: 1. This Council shall meet at the time and place fixed in the form of notice set forth below for the purpose of opening, receiving and acting upon sealed bids for the purchase of $1,000,000 Improvement Bonds to be issued to finance varicus improvements heretofore instituted pursuant to IJinn-e sota statutes, Chapter 429 , and to retire terrporary iriprovement bonds heretofore issued for that purpose. the time, place and purpose of said neeting to be published forthwith in the Edina- Zlorningside Courier, the official newspaper of the Village; and in the Commercial !'!est, a financial newspaper in the City of i.linneapolis, LIinnesota, and in the Bond Euyer, at Ken York City, PIen Yorl:. 2. The Village Clerk is hereby authorized and directed to cause notice of 3. Said notice shall be in substantially the following form: I?OTICE OF SALE $1,000,000 General Obligation Improvement Bonds VILLAGE OF EDIPX, r.mrxso-rA EOiICE IS EI3EPX GIlrEIT that the Council of the Village of Edina, LIinnesota, mi11 zeet at the Village Hall in said Village on ?.:onday, P!ovember 9, 1959, at 7:30 o'clock PDX. to open, receive and consider sealed bids fer and award the sale of $l,OOO,OOO negotiable ccupon general obligation IrLprovement Eonds to be issued pursuant to Chapter 429, 2innesota Statutes 1957, for the purpose of financing the ccnstruction of various water main, sanitary and storn sewer, and black-topping improvernents, in anticipation of the collection af special assessments heretcfore levied therefor, and for the purpose of retiring ter.poTary obligations. in the arr,cunt of f800,OOO v:hich were issued pending conpletion of such special assessnents, Said bonds mill be dated as of December 1, 1959, will. be issued in denoninaticn of $1,000 each, will bear interest at a rate or rates designated by the successful bidder, to be expressed in integral mltiples of 1/4 of 1/10 of 1:; per annum, payable June 1, 1940, and semiannually thereafter on December 1 and June 1 of each year, and vi11 cature serially in the anount of S100,QOO on June 1 in each of the years 1960 through 1969. to redemption and prepaysent at the option of the Village in order of their serial I The bono's maturing in the years 1961 through 1963 will be each subject 10/13/59 357 nurhers, at par and accrued interest, on the first day of June or the first day of December immediately preceding their respective stated maturity dates. of and interest on said bonds will be made payable at a state or national bank mutually satisfactory to the Council and the successful bidder, furnish and deliver to the purchaser without cost and within forty days after said date of sale, the printed and executed.bonds and the unqualified approving legal opinion of Messrs. Dorsey, Owen, Scott, Barber 2, Marquart, of Minneapolis, Minne- sota, together with the customary certificate as to absence of threatened of pending litigation. delivered to the undersigned Clerk and must be received at her office prior to the time of said meeting. Each bids must be unconditional, and must be accompanied by a cashier's check or bank draft payable to the Village Treasurer, in an amount not less than $20,000, to be retained by the Village as liquidated damages in the event that the bid is accepted and the bidder shall fail to comply therewith. Bids will be compared according to the lowest net interest cost computed to the stated maturity dates of the bonds, less the amount of any premium offered. and no bid of less than par and accrued interest will be considered, and the council reserves the right to reject any and all bids, to waive any informality in any bid, and to adjourn the sale if deemed expedient, The principal -i" The Village will . Sealed bids marked "Bid for $1,000,000 Improvement Bonds" may be mailed or b!o oral bid BY ORDER OF THE VILLAGE COUNCIL GRETCHEK S. ALDEPJ Village Clerk 4801 West 50th Street Ed in a , Minne s o t a 4. All of the terms and provisions of the foregoing notice of sale are hereby adopted as the terms and provisions of said bonds and of the sale thereof as fully as though separately set forth and resolved herein, blotion for adoption of Resolution was seconded by Dickson, and on Rollcall there were five ayes and no nays, as follows: Be Tupa, aye; and Bredesen, aye; and the Resol PARI; %i\PJD PURCHASES AND SALE AUTHORIZED. 1. Manager Hyde reported the Park Board's recommendation for-purchase of Lot 1, Block 1, Idinnehaha Woods for an amount of $1,200; this being an access to Minnehaha Cree!: at a point where no creek front dedication was required, purchase of property in accord with recommendation was seconded by Kohler and carrfed. Lots 10 and 11, 3lock 20, Normandale Addition--two very deep lots on the y!est side of Lake Cornelia which should be acquired for both park and storm sewer-purposes-- that the best price obtainable is $800 for each lot; that the Park Eoard recommends purchase at this price, Dickson's motion authorizing purchase at $300 per lot was seconded by Kohler and carried. Triangle at the corner of 66th and Cornelia Drive. Ways and means of effecting sale were discussed, and, by motion Kohler, seconded Tupa and carried it was decided that bids be ta!:en by means of a sign placed on this property, stipulating date of sale. Dickson's motion for 2. i?Ir. Hyde reported that negotiations have been had on Village purchase of 3. It was reported that the Park Board now wants to sell-the unplatted Park 2.1 JlAGER >,I!D FII%I:CE DIRECTOE AUTHORIZED TO ADVERTISE EOHD SALE IP! CHICAGO. he feels that the trip taken by ME. Dalen and himself to Chicago before the last bond sale resulted in a savings to the Village of at least 1/47; interest, Manager Eyde asked Council's opinion on another Chicago trip, to follow up contacts made on the previous trip with advertisement of this sale. Authorization for trip to Chicago by Messrs. Dalen and Kyde for purpose of advertisement of Improvement Bond Sale was made by motion Kohler, seconded by Dickson and carried. Stating CLAII,iS PAID. Kohler moved for payment of the following Claims, as per Pre-List dated Ockober 13, 1959: General Fund, $10,870.39; Construction Fund, $392.75; Parks Fund, $1,497.69; VJater Fund, $1,139.66; Liquor Fund, $31,636,573 Sewer Rental Fund, $254.50; Improvement Funds, $4,325.35; Poor Fund, $1,249.62; Total, $51,366.53. KEDBERG SAND CONTRACT CFJICELLED. Hedberg G son's sand does not meet Village specifications, Manager Hyde asked that contract be cancelled. It was so moved, by motion Kohler, seconded by Beim and carried. Stating that Twin City Testing's test show that REAWXATICS REQUIRED FOR ALL NEW WATER INSTALLATIONS. on requirement for Readomatic Water Meters on old homes just obtaining water. Hyde stated that, although nothing definite was stated by the Council in this regard it is hoped that all installations will some day have these outside readers; and Council agreed that all new meters should be the readomatics. Trustee Tupa questioned pol icy Mr. .. . 10/13/59 1.5s. ROY LriRSE! REGISTERS CO:.:PLAIr!T (21;' REGR:SDIT!G OF SOUTH ELlitI<E ROCLD BEIYEEI! LiUESo fh. Roy Larsen, 6321 Interlachen Ed., coxplained that the recent regrading of that portion of South Blake Road lying between the two "Xirror LBBes" has caused a change in drainage--that water is now drained toward the Vest" la!:e by surface drainage, a spillway and a brand new culvert. inasmch as the Larsens vfanted neither xore nor less water in their pond. Hyde ansaered that it is not certain that rrore water is now beking drained into the pend than forererly went there; that water certainly flows out of the little pond into the bigger Xrror La!:es; that the village has attempted to channel the water in the simplest xanner, and has received many compliments on this improverrent. Llls. Larsen stated she wants no more water in her lake because there will be a continual rundorm, bloc1:ing the ends of drains; that she does not choose to bs snaxped 57 her ol:n water from her ovm lake. She asked why this uas done, Ik. No action taken. The agenda's having been covered, Eeim moved for adjournKent. by Kohler and carried. Llotion seconded Keeting adjourned at 11:35 P.Z. A Village Clerl: XIiJUTES OF THE REGULAR !.IEETII!G OF THE EDEk VILLkGE COUIITCIL, HELD i.:C?XDAY, CCTOBER 26, 1959, AT 7:OO P.Ziry AT THE EDINA VILLAGE HALL Rollcall was answred by rrerbers Beim, Dickson, Kohler, Tupa and Bredesen. FUBLIC HEARIKGS Ci9 PKOFOSED ZOMIIi!G CHAKGES. cation, Posting, and Ltailing, as follows: Clerk presented Affidavits of Fubli- 1. Publication in Edina-Morningside Courier on Cctober 15 and 22, 1959, posting of Rotice on Official village Eulletin Eoards October 21, and mailing of Kotice to affected property owners of "Botice of Public Hearing on Petition for Rezoning:. 2, Publication in Edina-tlorningside Courier October 15 and 22, 1959, and nailing to affected property ovmers of "Notice of Public Hearing-Special Permi tfl . flailing to affected property owners of: "P?otice of Hearing--Petition of Richard Powers for 9 Ft. Setbacks (Side yard) at 4588 Garrison Lane." "Notice of Hearing--Petition of Edward Capra for 3i Ft. projection into required front yard setback, 6108 Xerxes Ave. So." "IIotice of Hearing--Petition of Harold Hardacker for pernit to face two dwellings on Kresse Circle rather than on Maloney Ave. 3. A. B. C. Pursuant to said I!otices, which were approved as tb form and.ordered placed on file, the following Public HealTings were conducted, and action was taken as hereinafter recorded. 1. PUBLIC HEARiT1:G OX PETITIQJ OF r.3. DAVE TEOI:AS FOR THE REZOIJING FRO!.: OPB! DEVELOPi.ii!T DISTFXCT TO XULTIPLE RESIDEKE DISTRICT OF THE PROPERTY 1310','X AS 5410 FRAKCE AWJUE SOUTH. presented by Planning Director Hite, together with Planning Commission's recommend- ation for, approval of petition. Lijsing, 5405 Halifax Lane, protested this large. unit. that neighbors realize 'chat they cannot expect to have single-family units at this location (just south of a filling station) but that they had hoped for double bungalows at this site. He said it was his recollection that both Corrinission and Council had advocated no apartment buildings on France Avenue south of 54th St. for this property, as a buffer between the comercial enterprise on the corner and the double dwellings farther south. ccncern about the height of the building, explaining that Halifax Lane is lower than France and that the height of this proposed building will be out of line with the other buildings in the neighborhbod. 2.k. Thomas, petitioner, told Council that the elevation from grade to ridge of roof will be approximately 23 feet, vinich is 'no taller than many a two-story dwelling. Stating he feels that this is a proper and equitable use for the property, Dickson offered the following Ordinance, rr.oving that Council dispense with second reading and adopt Ordinance as submitted: Plan of proposed 10-unit apartment/ building was Llessrs. Nat Johnson, 5412 Halifax Lane and David Mt-. Johnson told Council Xz. Hite explained that the commission felt ltltiple Residence use was best Kessrs. Johnson and Lijsing both expressed D @RDIP!AI:CE I?O= 261-52 i:! Or\DIr:kl!CE Ai.fET.!DIKG THE Z@ldIllG @RDI!!&:CE OF EDII!A BY ESTi43LISNIP!G ADDITIC2!AL XLILTIPLE RESIDEXCE DISTRICT THE VILLAGE coui:ciL OF THE VILLAGE OF EDINA, XIPNESOTA, oram:s : Secticn 1. Sect'lon 4, Xatltiple Residence District, of Ordinance 2211 of the Revised Ordinances sf the Village of Edina, as amended, is hereby amended by adding at the end of paragraph 1 02 said Section 4 an additional sub-paragrpph as follows: