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HomeMy WebLinkAbout19591109_regularMINUTES VILLAGE AT 7 :00 11/9/59 OF THE VGULAR MEETING OF TEE EDiNA COUNCIL, NELD MONDAYT NOVEMBER 9, 1959, P.M., AT THE EDINA VILLAGE HALL Members answering Rollcall were Beim, Dickson, Kohler and Tupa. Dickson presided. MINUTES of Village Council Meetings of October 13 and 26 and November 2, 1959, @ere approved as submitted, by motion Tupa, seconded by Beim and carried. gUBLIC HEARINGS ON PROPOSED IMPROVEMENTS: Morningside Courier on October 29 and November 5, 1959, of "Notice of Hearings" Mayor Pro Tem Affidavits of Publication in Edina- was submitted by Clerk, approved by Council and ordered placed on file; and,- pursuant to said Notice, the following Public Hearings were conducted, and action was taken as hereinafter recorded. Hearings were interrupted twice for other business of the evening, but are recorded in sequence for purposes of continuity of record. HEARING ON SANITARY SEWER IMPROVEMENT NO. 159, PURSUANT TO HIGH BIDS. Manager Hyde explained to the audience that the present high water table has caused bidders on this proposed project to bid much higher than was estimated by the Village Engineer; that, consequently the Council has called this supplemental Hearing on the already-approved project to give affecteaproperty owners the opportungty of deciding whether they still wish the improvement at the new and higher price. The new estimate, computed on basis of low bid for June 15, 1960 completion, is $1,495.17 per honnection, as compared with the former estimate of $1,285.52. Ray Hedelson, 6001 Tracy Avenue, presented objecting petition by owners of a majority of the properties in the block between Highlands Road and W.59th St. stated that these persons are aware that the sewer will probably go in eventually, that it may be still more expensive when it is constructed in the future, but that they are willing to take that chance to be relieved of special assessment for three or four years4 Mrs. A.C. Trapp, 6005 Tracy Ave., told Council she did not sign this petition because her family is having cesspool troubles and wants the sewer as soon as possible. requested that this small street be eliminated from the proposed improvement. Manager Hyde told audience that the Village wants to surface Tracy Avenue in 1960, with-aid from Gas Tax funds; that surfacing should not be done until underground improvements are in. 6320 Valley View Road, and others, spoke favorably on the project, the first two citing their urgent need for sewer servicek registered at the Hearing, and none had been received prior thereto. Engineer was queried as to underground improvements in Tracy Avenue, stating that a crossing may be necessary to serve Lyle Otto's addition (which may be taken for Highway No. 169) but that no additional utilities will be needed parallel to the street. It was explained that completion of construction of project by January 1, 1960 would add some $16,000 to the total assessment. Some discussion was had by the Council, and Trustee Beim, stating he feels that Tracy Avenue should be included in the project to facilitate surfacing in 1960, that Crest Lane objectors do not represent all owners on the street and that, therefore, this street should also be included, moved for re-approval of SANITARY SEWER IMPROVEMENT NO. 159 in its entirety, and for award of contract for project to low bidder, Barbarossa & Sons, Inc., on the basis of June 15, 1960 completion, at $228,014.10. seconded by Tupa, Rollcall vote was taken, being Beim, aye; Kohler, aye; Tupa, aye; and Dickson, aye; and the motion was unanimously carried. DRIVE TO 330 FT. WEST. at $6,129.60, for $1,532.40 per lot for the four lots proposed to be assessed. Hyde explained that the bid received this morning is somewhat lower than the estimate, that the assessable cost will*be lower than estimate also. registered at the Hearing, and Mr. Heegard requested that award of contract be-made on the basis of the December 31, 1959 completion date. Resolution and moved its adoption: 1. SANITARY SEWER FOR COUNTRYSIDE AND VALLEY VIEW HEIGH~S AREA--SUPPLEMENTAL Mr. He Messrs. Selden and Cleaveland of Crest Lane Messrs. Wilhour and Book, Westridge Blvd., Gordon Anderson, There were no other objections Village Motion was 2. PUBLIC HEARING ON PROPOSED SANITARY SEWER IN HIGHLAND ROAD FROM CRESCENT Vu-Graph Slide was shown, and Estimate of Cost was given Mr: There were no objections gohler offered the following RESOLUTION ORDERING IMPROVEMENT SANITARY SEWER IMPROVEMENT NO. 163 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore, caused notice of hearing to be duly published on the following proposed improvement : crescent Drive to 330 Ft. West and at the hearing held at the time and place specified in said notice the Council I CONSTRUCTION OF LATERAL SANITARY SEWER AND APPURTENANCES in Highland Road from has duly considered the views of all persons the pertinent facts does hereby determine io improvement; that said improvement is hereby all subsequent proceedings as SANITARY SEWER be specially assessed therefor shall include and 11, Block 7, Countryside Addition. r interested, and being fully advised of proceed with the construction of said designated and shall be referred to in IMPROVEMENT NO. 163, and the area to Lots 11 and 12, Block 6, and Lots 10 11/9/59 274 Motion for adoption of Resolution was seconded by Beim, and on Rollcall there were m, aye; Kohler dayor Pro Tem 3. PUBLIC HEARING ON PROPOSED STORM SEWER FOR LARKSPUR LANE AREA. A Vu-Graph Slide was shown of the alternate projects assessed for same. Engineers, explained the alternates, as follows: with over-all storm sewer for Southeast Edina) - Construction of a "gravity flow" storm sewer from the low point in this area to the pond in "Lake Edina Second Addn.", at a cost of $47,08O--proposed to be assessed over 31.2 acre, for approximately 4.33 cents per square foot; this having the advantage of being maintenance free. Alternate No. 1 - Construction of a one-acre detention basin at the low point of the area (which would mean acguisition of privately owned land by the Village), and lateral storm sewers from this basin to both the pond to the and to Larkspur Lane, and a pump in the basin to lift the stormwater up to the storm sewer in 70th Street, which would transport it to Nine Mile Creek--proposed to be assessed over 31.2 acres, at a cost of 1.74 cente per acre, approximately, Engineer's total estimate being $18,900. some maintenance. basin to the "east" (Morton Arneson) pond--which would reduce the cost of Alternate No. 1 to $15,570 estimated, but which would also reduce the area proposed to be assessed by eliminating 9.4 acres at the Northeast corner; thus mak3ng the assessment. to the balance of the area an estimated 2.05 cents per square foot. Mr. Barr explained to the audience that Alternate No. 1 can be constructed in stages; that the first stage could consist of construFtion of detention basin and lateral to Larkspur Lane--which cost would be approximately $10,600, assessed over 21.8 acres (the Northeast area which drains into the Arneson pond would not be included) at a cost of 1.40 cents pEr square foot-and that, then, when area becomes more built up and run-off becomes greater the pump and main to W.70th St. could be installed, with additional assessment to this 21.8 acres at that time. Lane homes) are under water after every rain; that the Village must pump Larkspur Bane repeatedly. siderable discussion was had as to the history of the problem, the easement required of developer Balthrop at the time of platting, etc. There were complaints from the audience that the Village administration is to blame for allowing building permits at the Smith and Floten properties; and Manager Hyde explained that the Village has control of elevation only at the front--that there is no control over rear yard elevations. Pastor Smith spoke up to state that he and Mr. Floten can take care of their ''rear yard" problems without too much difficulty-that the main problem is that of the eternal pond in the public right-of-way. One gentleman whose property fronts on West Shore Drive stated his property all drains into the Arneson pond, and it was-pointed out that this portion of the assessable area will be eliminated, should the Council decide not to construct a lateral from the Arneson pond to the detention basin at this time. Aspasia Lane, explained that the South portion of Vest Shore Drive all drains to the South. Planning Director Hite reported that the grade of Aspasia Lane extended has been established with a one percent grade toward the west and that when this.street is graded the West Shore Drive water will drain into it, then-west to Larkspur Lane, then north into proposed dehention basin. be surveyed in the field before any assessment is levied, to determine which portion will drain to the west. pump. He replied greater; that, without a pump the detention basin area will be continually marshy and will tend to overflow after heavy rains, causing about the same problems as are now being experienced. that provisions for a future ppnp be made; that it is their opinion that pump must be installed sooner or later; and that a line to the detention basin should be installed sufficiently deep for installation of pump at a later date. Some persons in the audience took issue with Mr. Barr's statement, citing Mr. heson's lack of drainage troubles. In a discussion at the Council table, Trustee Dickson suggested that the Council consider only the first stage of Alternate 1 at this time-- acquisition of land for, and construction of, detention basin and construction of a lateral from Larkspur Lane thereto; and Trustee Kohler agreed, stating, however, that he believes the lateral should be laid at a depth in accord with the Engineer's recommendation for a future pump. acquire the land necessary for a storm sewer detention basin as outlined at this Hearing and prepare to have said land excavated for said detention basin and to award a contract for the laying of a line from Larkspur Lane to the detention basin in such manner as to provide for a pump at such time as is necessary. seconded by Kohler. comments from the audience as follows: proposed and the area proposed to be Mr. Douglas Barr of Adolph Meyer and Associates, Consulting A. Original Proposal (as set forth in previous discussions in connection I B. east Mr. Barr told audience that this system would require C. Alternate No. 2 - Elimination of the proposed lateral from the detention It was explained to the audience that the Smith and Floteqbackyards (Larkspur I Slides showing conditions in this area were presented. Some con- One owner, at the corner of West Shore Drive and Mr. Hyde added that the property would Rouncil made inquiries of Mr. Barr as to the need of a that, as the surrounding area is built up the run-off becomes He stated that it is the firm recommendation of the Engineers Trustee Tupa then moved that the Village Council Motion was Before a vote could be taken on the motion there were further -4 975 ''2- lll~9/SS ,. Mr. E. C. Stow, stating he feels that he is the "innocent victim" in this matter because he was required to give a drainage easement toward this proposed drainage basin at the time he platted Lake Edina Addition and thus assumed that the"- Village would provide drainage for Larkspur Lane, asked for more area within the basin, to the west of the presently proposed acre; then added that, in order to show his good faith he will stand the cost of removing all the dirt to make this pond, which he estimated to be about $4,500. estimate shows cost at $4,100. Consensus was favorable to Mr. Stow's suggestion, but no formal action was taken, Council did inform audience that this would lower their assessment appreciably, get in touch with Mr, Stow. Tupa offered the following Resolution and moved its adoption: c Manager Hyde told him that the Engineer's Mr. Balthrop offered to do -the grading for the fill, and was jokingly told to Mr. Tupa's motion was then unanimously'carried, and, to fo&lize the action RESOLUTION ORDERING STORM SEWER STORM SEWER IMPROVEMENT NO, 53 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published on the following proposed improvement : as follows: R.24 W,; thence No. 200 Ft.; thence W. 200 Ft,; thence S. 200 Ft.; thence E. 200 Ft. to point of beginning, and CONSTRUCTION OF A LATERAL STORM SEWER AND APPURTENANCES along the E. line of . Lot 1, Block 1, Lake Edina Addition from Larkspur Lane, northerly approximately 130 Ft. to the detention basin, at a depth sufficient to provide for future pump. 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 pertinentgacts 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 STORM SEWER IMPROVEMENT NO, 53, and the area to be specially'assessed therefor shall be'as follows: All lots and tracts of land within the following described boundaries:%eg.at a pt.which is 350' El9-of 54.line of Sec. 31,T,28N,,R024 W. and 80' S. of Centerline of M.70th St.; th.SWleto .a pt.which is. . CONSTRUCTION OF A STORM WATER DETENTION BASIN within the property described "Beginning at the NE corner of Lake Edina Addition in Sec. 31, T.28, Tups then offered the following Resolution and moved its adoption:' RESOLUTION FOR CONDEMNATION OF LAND FOR DRAINAGE AND WATER STORAGE WHEREAS, It is necessary, advisable and in the public interest that the Village WHEREA$,3h order to accomplish such purpose, it is necessary for the Village of of Edina acquire land for drainage and water storage; and Edina to acquire the title to certain'land, to wit: ' ' That part of the Northwest quarter of the Northwest quarter of Section 31, Township 28 North, Range 24 West of the-fourt6 principal meridian described as follows: commencing at ttie Northeast corner of Lake Edina Addition.according to the plat of record in the Office of the Register of Deeds, Hennepin County, Minnesota, thence North 159.2 feet along the East line of said Lake Edina Addition extended Northerly, thence West parallel with the North line of s%id Lake Edina Addition 200 feet, thence South to a'point on ttie North line of said Lake Edina Addition which is 200 feet West of the Northeast corner of said addition, thence East along said North line of said Lake Edina Addition 200 feet more or less to the point of beginning. .I WHEREAS, The efforts of the Vkllage of Edina to obtain fee title to such land WHEREAS, By reason of the failure of the Village to obtain fee/to such land, it NOW, THEREFORE, BE IT RESOLVED That the Village of Edina proceed to procure the have been unsuccessful; and title has become necessary to procure the same by right of eminent domain. fee title to such land under its right of eminent dom&n, and that the Village Attorney be instructed and directed to file the necessary petition therefor and to prosecute such action to a successful conclusion or until it is abandoned, dismissed or terminated by the Village or by the Court; that the Village Attorney, the Mayor and the Clerk do all things necessary to be done in the commencement, prosecution and successful termin- -_ 276 ' I 11/9/59 - \four ayes and no nays, as follows: 'Beim, aye; Kohl )aye; and the Resolution was adopted. Motion for adoption of Resolution was seconded by Kohler, and on Rollcall there were r (Nayor Pro Tem (aose persons in the audience for the Storm Sewer Hearing were informed that they could expect to be supplementally assessed for storm saver at such time as installation of a pump and a main to W.70th St. is necessary. I COUNCIL RECOGNIZES POLICE SERGEANT HENRY WROBLESKI'S GRADUATION FROM FBI ACADAMY. Mayor Pro Tem Dickson formally congratulated Sergeant Wrobleski on occasion of his graduation from the FBI National Police Acadamy three months' course, stating he feels all Edina citizens should be proud that local police officers will devote their time and energies to special training for their jobs. I Sl,OOO,OOO IMPROVEMENT BONDS SOLD. notice of sale of $1,000,000 General Obligation Improvement Bonds to be dated December 1, 1959, bids'for which were to be opened this date; in accordance with the motion'passed. on October 13, 1958, and said affidavits were examined, approved and directed to be placed on file. to said published notice of sale, which bids were thereupon opened and publicly read and considered, and the highest and best bid of each bidder was found to be as follows: The Clerk presented affidavits of publication of The Clerk reported that three sealed bids had been received pursuant Name and Address of Bidder Manager of Bidding Account Interest Rate or Rates Premium John Nuveen & Co., Chicago '1 1960-1963, Incl. - 3?5% ) $32 . 00 Merrill, Lynch, Piecce, Penner) 1964-1966, Incl. - 3?5% NOTE: Shearson-Hammill, Chicago ) - Plus Addl. Coupons on all SEE PAGE Dean Wetter Chicago )e bonds for period 2/1/60 to )288;THIS 6/1/61 at rate of 2%% per )BOO%%u or I. & Smith, Inc., * Chicago ) 1967 '& 1968 - - 3-3/49.] AMENDED B.J.VanIngen .& Co.,Chicago )- 1969 * - 2-3/4%) 11/23/59. annum. )k First First .(Av.Int.Rate 3.9519) 1 '- National Bank, Mpls. 1 1960 - 3% None Natl. Bank, St. Paul 1 1961 - 3.2% SW Natl. Bank, 61s. 1 Allison-Williams Co., IQls . ) piper,Jaffray & Hopwood,Mpls. ) 3ianheimer-Egan,Inc.,St.Paul ) Caldwell Phillips Co.,St,Paul ) Harold E. Vood & Co.,St.Paul ) First Edina Natl.Bank, Edina ) First Southdale Natl.Bank,Edina) J.M. Dain & Co., Mpls. 1 Shaughnessy & Co., St.Pau1 1 Kalman & Co., Inc. (Mgr) ) 1 Amn.Nat1. Bank of St.Pau1) 1 juran & Moody, fnc. 1 paine,Webber, Jackson & ) St. ) Curtis ' )Paul ) IicDougal & Condon, Inc . ) 1 Marcus ,Hindred & Co. 1 1 E.J.Prescott & Co. Mpls .) 1962 - 3.4% 1963 - 3.5% 1964 - 3.6% 1965 - 3.7% 1966 - 3.8% 8967,1968,1869 - 3.9% Plus 2.10% per annum for bonds maturing 6/1/1962 to 6/1/1969,incl. to be expressed by extra coupon on 800 bonds for period 1/1/60 to 12/1/60 (Av.Int.Rate 4.06300) 1960-1964,Incl. - 3.60% None 1965-1968,Incl. - 3.90% 1969 - 1.00% Plus addl.coupons on 1% bonds at annual rate of 5% from 1/1/60 to 12/1/60; and 3.60% and 3.90% bands at annual rate of 2.10% from 1/1/$0 to 12/1/61,or prior maturity or call (Av.Int.Rate 4.043) Trustee Kohler then introduced the following resolution and moved its adoption: RESOLUTION AWARDING SALE OF $1,000,000 IMPROVEMENT BONDS BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that pursuant to advertisement for bids heretofore duly published for the purchased of $1,000,000 General Obligation Improvement Bonds dated December 1, 1959, this Council has considered all bids received &d does hereby find and determine that the highest and best of such bids is that of JOHN NWEEN & CO. of CHICAGO, ILLINOIS, and associates named therein,to purchase said bonds at a price of par and accrued interest plus a premium of $32.00, those bonds maturing in the years specified below to bear interest at the respective rates per annum set opposite such maturity years: I ll/ Y/ 39 1960-1963,111~1. 3~114% 1967 & 1968 3-314% 1969 2-314% Maturity Years Interest 'Rate 2 7 y 1964-1966 ,Tncl. 3-1/2% . ") IL. Plus extra detachable coupons for the period from February 1, 1960 to June 1, 1961 at the rate of 2-1/4% per annum on all bonds. : THIS PARAGRAPH B9" AMENDED NOVEMBER 23, 1959-SEE PAGE 289, THIS MINUTE BOOK). BE IT FURTHER RESOLVED that the Mayor and Village Manager are hereby " authorized and directed to enter into a contract with said bidders on the part of the Village for the sale of said bonds under the terms specified in said bid; that the good faith check furnished by said bidder shall be retained pending delivery of the bonds and payment of the purchase price, and that the checks of other bidders shall be forthwith returned to them. The motion for the adoption of the foregoing resolution was duly seconded by Trustee Beim, and on rollcall there were four ayes and no Beim, aye; Kohler, aye; Tupa, aye; and Dickson, aye; whereup was declared duly passed and adopted. PUBLIC HEARING ON PROPOSED SUPPLEMENTAL ASSESSMENT TO SANITARY SEWER IMPROVEMENT NO. 65 FOR LOT A, REGISTERED LAND SURVEY NO. 677 AND ALL OF STOW'S EDGEMOOR EXCEPT LOTS I, 2 AND 3, BLOCK 7. Morningside Courier October 22 and 29, 1959 of Notice of Hearing, which notice was approved as to form and ordered placed on file. audience, which included developer E.C. Stow, petitioner that this area is now beiqg assessed for Sanitary Trunk Sewer No. C-1 at the rate of $3.35 per front foot over a 20-year period, the first year payable being 1959; that, because the area is actually receiving its connections from peyiously- constructed Sanitary Trunk Sewer Improvement No. 65 it is now proposed to - 1. cancel the Sewer C-1 Assessment, making refund of that part of the assessment already paid; and - 2: Make an assessment for Sanitary Sewer Improvement No. 65 at the rate of $1.89 per front foot, payable over an eight year period, first year payable being 1960. There were several questions submitted from the floor; the new residents being surprised that they must pay assessments for trunk' utilities whereas they had purchased their properties'under the assumption that "utilities are in and paid for". None of those making inquiries had checked at the Village Hall before purchasing. There were no objections aegistered at the Hearing, and no written objections had been received prior thereto, and 3kim offered the following Resolution and moved its adoption: Clerk presented Affidavit of Publication in Edina- Manager Hyde explained to the for change in assessment, RESOLUTION CANCELLING SPECIAL ASSESSMENT FOR SANITARY SEWER IMPROVEMENT NO. C-1 LEVIED IN 1958 AGAINST LOT A, REGISTERED LAND SURVEY NO. 677 AND ALL OF STOW'S EDGEMOOR EXCEPT LOTS 1, 2 AND 3, BLOCK 7; AND LEVYING SUPPLEMENTAL ASSESSMENT TO SANITARY SEWER IMPROVEMENT NO. 65 AGAINST SAID PROPERTY BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that : levied in the year 1958 for SANITARY SEWER IMPROVEMENT NO. C-1 against the lots and tracts of land described as Xot A, Registered Land Survey No. 677, and Lot 1, Block 1, Lots 1 through 6, Block 2, Lots 1 through 10, Block 3, Lots'l through 9, Block 4, Lots' 1 through 9, Block 5, Lots 1 through 16, Block 6, Lots 4, 5 and 6, Block 7, Lot 1, Block 8 and Lot 1, Block 9, Stow's Edgemoor Addition is erroneous for the reason that said lots and tracts of land are receiving no benefit from said Sanitary Sewer Improvement No. C-1; that the said-special assessment shall be and hereby is cancelled, and the Village Treasurer authorized and directed to make refund to payor of any portion of said special assessment already paid, upon proof of such payment. ASSESSMENT TO SANITARY SEWER IMPROVEMENT NO. 65, levied against the properties hereinbefore described in this resolution, has been properly calculated in accord- ance with the provisions of Minnesota Statutes Sections 429;051 and 429.061; that notice has been duly published as required by law that this Council would meet to hear and pass upon all objections, if any, to amend said proposed assessments as might be necessary; and to adopt the same by resolution; that; said proposed assess- ment has at all times since its filing been opefi for public inspection, and oppor- tunity has been given to all interested persons to present their objections; and that each of the lots, pieces and parcels of land enumerated in tlie assessment was and is specially benefited by the construction of said Sanitary Sewer Zlmprovement No. 65 in the amount set opposite the description of each such lot, piece and parcel of land, respectively. 1. It is hereby found, determined and declared that the Special Assessment 2.. It is hereby found, determined and declared that the proposed SUPPLEMENTAL 11/9/39 - . --- 27P 3. The amounts so set out are hereby levied against the respective lots, pieces and parcels of land described in said assessment, and said- proposed assess- ment is hereby adopted and confirmed as the proper special assessment for said \improvement. interest accruing on the full amount thereof from time to time unpaid, at the rate hith general taxes upon' the property described thereinand all thereof. ments extending over a period of eight years, the first of said installments, together with interest on the entire assessment from the 10th day of October, 1959 to the 31st day of December, 1960, to be payable with general taxes for the year 1959, and one of the remaining installments, with one year's interest on that and all subse- quent installments, to be payable with general taxes for the years 1960 through 1966, and collectible in the respective ensuing years . Auditor a certified duplicate of said assessment, with each then unpaid installment and interest set forth separately, to be extended upon the proper tax lists of the county, and the County Auditor shall thereafter cause said assessment to be collected in the manner provided by law. Said duplicaie shall be designated as the ASSESSMENT ROLL FOR SUPPLEMENTAL ASSESSMENT TO SANITARY SECJER IMPROVEMENT NO. 65, and all amounts collected in respect of the assessments therein contained shall be similarly desig- nated by the County Treasurer and remitted to the Village Treasurer and by him credited to the Sinking Fund Account of the SOUTHDALE IMPROVEMENT FUND. The assessment against each lot, tract or parcel, together with the f five percent per annum from the date of this resolution shall be a lien concurrent The total amount of the assessment shall be payable in equal annual install- 4. b I 5. The Clerk shall, as soon as may be, prepare and transmit to the County Motion for adoption of the Resolution was seconde four ayes and no nays, as follows: Beim, aye; KO aye; and the Resolution was adopted. llcall there were e; and Dickson, Mayor Pro Tem Village Clerk PUBLIC HEARING ON PROPOSED STREET NAME CHANGES. cation in Edina-Morningside Courier ,October 22 and 29, 1959, and of Posting, of "Notice of Public Hearings on Proposed Street Name Changes". as fo form and ordered placed on file; and, pursuant to said notice the following Hearings were held and action taken: Hearing on change in name of that portion of "Chowen Avenue" lying in Evans Addition (between 6300-6301 and Crosstown Highway) to.'EWING AVENUE; and Hearing on change in name of that portion of "Dodd Place" lying in Evans Addition (between 6300-6301 and Crosstown Highway)' to CHOWEN AVENUE. is being initiated by the Village, so that these street names will correspond to the names to the North of the Evans Addition plat; that, at the time Evans Addition was platted there was a large tract of unplatted property between it and the then-established Ewing and chowen Avenues, said tract proposed for platting in such manner that the streets would not connect-but now that this plat has been revised to simply extend Chowen and Ewing southward to connect with the north-south streets in Evans Addition a break in the street names is not practical. There was one objection on these changes, from a new resident who said-he had just finishing changing the address on all his legal documents and did not wish to go through this procedure once again. Apologizing for the inconvenience now being caused to residents of these two streets, Mr. Hite explained the Village feels that the ultimate inconvenience caused to residents, . post office, delivery personnel, etc. by allowing names to remain will be more substantial than that now being incurred by the change. (See Council action following). Second Addition and in Edina Countryside Addition. Mr. Hite explained that this street is located south of the 5900 house numbers, at practically the point where W.6Oth Srreet would be if extended; that there is confusion about mail deliveries; that this hearing is being called in response by a petition from residents in Edina Countryside Addition for change in name of street to ttCOUNTRYSIDE ROAD". There were no objections registered at the public hearing, and no written objections had been received prior thereto, and Kohler offered the following Ordinance, moving that Council dispense with second reading and adopt ordinance as submitted:, Clerk presented Affidavits of Publi- Affidavits were approved 1. 2. Planning Director Hite explained that this change I - 3. Hearing*on change in name of that portion of 'W.59th Street" lying in Lyle I ORDINANCE NO. 164-15 AB ORDINANCE AMFiflDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. after Section 27 the following: 6300-6301 and Crosstown Highway) is hereby renamed ElJING AVENUE. 6300-6301 and Crosstown Highway) is hereby renamed CHOI?EN AVSNUE. in Edina Countryside Addition, is hereby renamed COUNTRYSIDE ROAD. and publication. Ordinance No. 164 of ;he Village-is hereby amended by adding "Section 28. "Section 29. "Section 30. That portion of 'Chowen Avenue' lying in Evans Addition (between That portion of 'Dodd Place' lying in Evans Addition (between That portion of 'W.59th Street' lying in Lyle Second Addition, and This Ordinance shall be in effect from and after its passage Section 2. ?7gl ihl9159 Motion for waiver of second reading and adoption of Ordinance as submitted was seconded by Beim, and on Rollcall there were four ayes and no nays, as follows! ~ Beim, aye; Kohler, aye; Tupa, aye; an adopted. J COUNCIL SCHEDULES HEARING ON PROPOSED REZONING FROM OPEN DEVELOPMENT TO AUTOMOBILE PARKING DISTRICT OF'AREA SOUTH OF W.50TH STREET BETWEEN FRANCE AND HALIFAX AVES. It was explained by Manager Hyde that the area being proposed by the Village for rezoning (South of W.5Oth Street, behind the commercial buildings between France and Halifax) is still zoned Open Development District, although it has been used for automobile parking for years; that the matter of the addition to the National Tea Store brought this matter to the attention of Village officials; that, although Village Manager has suspended permit, contractor is going ahead with the work'on this addition; that addition will eliminate some parking immediately adjacent'to W.50th Street. rezoning be scheduled for an-early date, and Kohler moved that Council schedule hearing on this matter for Monday, November 23. were present at this discussion. CONTRACT AWARDED FOR SANITARY SEWER IMPROVEMENT NO. 163. receipt of only one bid, today, on Sanitary Sewer in Highland Road between Crescent Drive !and 330 feet Wes t--that of Northern Contracting Company at $3,893.40 for June 15 completion; $4,223.40 for December 31 completion. Inasmuch as the -Council had received a request this evening to expedite this project Kohler moved that contract be awarded to Northern Contracting Company on basis of December 31, 1959 completion, at $4,223.40. It was recommended that Public Hearing on proposed * Messrs. Verne Moss and Gale Manager Hyde reported Motion seconded by Beim and carried. WATERMAIN LOOP-LPNMAR LANE,WO72ND ST. TO MAVELLE DR.: W.72ND ST., BRISTOL BLVD. a LYNMAR LANE--CONTMCT AWARD DELAYED PENDING ATTORNEY GENERAL'S RULING ON "VILLAGE m" OF BRISTOL BLVD. UTILITIES. one bid received today for this project, that $S,835.00 for either December 31 or June 15 completion. representing developer Stow, asked that award of this contract be delayed until Village Attorney had secured an Attorney General's ruling on the legality of the Village's paying a share of the "Bristol Blvd." utilities (as of October 26 * Village Attorney had ruled such payment is not authorized by statute). Village Attorney Hasselquist stated he would be'happy to write for such a ruling but he ' believes it is hopeless to count on a favorable one. Mr. Brown explained that Shoppe Plumbing Company will not release the Stow Company from its contract for the work in Lynmar Lane--that the Stow Company faces a suit if cancellation is made. this matter, delaying award ruling. TRUCKS PURCHASED, bids received. read at 11:OO A.M., in accordance with advertisement; that the bid of Brellenthin Chevrolet Company, although in the office at 11:OO P.M. had not been discovered until after public reading, this bid'being low on one truck. ruled that bid could be considered. Bids taken were for a 1/2 Ton Pickup Truck for the sewer department, and a 3/4 Ton Truck with Box for the water department. On the 1/2-Ton Pickup, tabulation showed Brellenthin Chevrolet Company to be low bidder at $1;675.83, International Harvester Co. second low, at $1,699.07, and Hull-Dobbs Company third low at $1,699.99. . be made from the low bidder, and Beim so moved. carried. Company to be low bidder at $2,361.15 plus $161.68 for Powers Model 44-90 Box (which Manager strongly recommended) for total bid of $2,522.83; Brellenthin 'Chevrolet Co. second low at $2,566.44 and Hopkins Motor Sales third low at $2,609.14. Recommendation was for award of contract to International Harvester company at total bid of $2,522.83 and Kohler so moved. Motion seconded by Tupa and carried. Tabulation of bids gas presented, showing only of Northern Contracting Company at Mr, Hosmer Brown, I Council directed Village Attorney to secure Actorney General's ruling on of contract for Lynma%Lane pending receipt of such -* Tabulation of bids taken today was presented, showing seven Manager explained that six of the seven bids had been publicly Village Attorney It was recommended that purchase Motion seconded by Tupa and On the 3/4-Ton Truck with Box, tabulation showed International Harvester OGDAHL & POPPE REQUEST FOR REZONING FROM OPEN DEVELOPMENT TO WLTIPLE RESIDENCE -DISTRICT"--PROPERTY SOUTH OF CROSSTOWN HIGHWAY AND WEST OF XERXES AVENUE--TO HAVE PUBLIC HEARING DECEMBER 14. favorable to this request was reviewed, and Kohler's motion scheduling Public Hearing on same for Monday, December 14, was seconded by Tupa and carried. Planning Commission's Bovember &th recommendation HEARINGS TO BE NOVEMBER 23 ON ZONING VARIANCE REQUESTS. After review of Planning Commission's favorable recommendations on the following zoning variance requests, Beim moved that Public Hearings thereon be scheduled for Monday, November 23, motion was seconded by Tupa and carried. 1. 2. BEN SIMPSON - 8-Foot west side yard at 5509 Beard Court. OLSON - 6-foot west side yard at 5201 Birchcrest Drive. . 11/9/59 I. .CREEK VAz,LEY .BDITION .PRELIMINARY ) Although Planning Commission had recommended *lM.WiH HItXTS PHL;fMTNARY November 4, Pl~@fi8aD&~ctor Rite told Council that these two plats have been withdrawn from/consideration at this evening's meeting. Planning Director Hite presented this preliminary, of the McDonald property on Blake Road just south of Mirror Lake, reporting the Planning Commission's November 4th recommendation for approval and stating that park dedication for this plat will be $50 per lot, Beim's motion for approval in accord with Commission's recommendation was seconded by Tupa and carried. SOUTHDALE OFFICE PARK SECOND ADDITION FINAL PLAT APPROVED. Planning Commission's November 4th favorable recommendation on this plat, and Mr. Hite reported that the Village has an agreement with developers for sewer and water and for grading and graveling, but that bond has not yet been submitted, Mr. Crabbe told Council that bond would be available at a very early date. He was asked about the traffic pattern, and stated that traffic onto Vailey View Road would be routed west; that those wanting to go east would be routed into France Avenue. plat be held in this office until bond is received: carried. mcIL REQUESTS REVISION IN PLATTING PROCEDURE. again that-no Final Plat come to the Village Council for approval until all things necessary for such approval had been done--grades had been established, agreements, and bonds had been received, park dedication had been determined. feels that this procedure will eliminate any clerical error in allowing a plat to be recorded before these things are accomplished. Mr. Hite reminded Council that he is working without a platting ordinance, that ordinance had been approved by the'planning Conmission buk that Council had failed to act thereon, that platting requirements have been changing. Trustee Tupa asked that a check list of require- ments be prepared for transmittal to developers,'that it be'ready by the first of the year, and that subdivision ordinance be ready for council consideration at the earliest possible date: ) favorably on these two plats, at its meeting of ACRES PRELIMINARY PLAT APPROVED. iw Council reviewed Beimmved.that Council approval of Final Plat be given but that Motion seconded by Tupa and Trustee Kohler requested once He stated he 9.1. ANDERSON'S ADDITION FINAL PLAT APPROVED. November 4th favorable reconmendation, and Beimmoved for Council approval of Final Plat. Engineer Zikan told Council that additional wyes and services will have to be provided by the builder in this location. FINAL PLAT OF KRESSE ADDITION REPLAT APPROVED. mpa, seconded by Beim and carried, having received favorable recommendation by Planning Commission. Council reviewed Planning Codssion's I Motioi seconded by Tupa and carried. This plat was approved by motion STREETS VACATION HEARING SCHEDULED FOR DECEMBER 14. Planning Commission has recommended favorably on the request for Vacation of Abbott and Zenith Avenues between W.62nd Street and South Boundary of Toh Realty Company's Edina Terrace-this request being for the purpose of replatting the surrounding property. December 14, was seconded by Beim and carried. PLANNING COMMISSION RECOMMENDS FAVORABLY ON VACATION OF ATLEY BETWEEN JACKSON AND V& BUREN AVENUES AND BETHEEN BEINORE LANE AND NORTH VILLAGE LIMITS. reported Commission's favorable recommendation on this request. has scheduled Hearing on this matter for November 23 no action was necessary. Mr. Hite reported that-the Kohler's motion that Hearing on request be scheduled f03 Monday, Nr. Hite Inasmuch as Council PETITION CUT-OFF DATE TO BE NOVEMBER 23, 1959. written request for a cut-off date of November 23 for receipt of petitions'for Council reviewed Engineer Zikan's construction work to be done in 1960. He cited the work to be done in 1960 on Municipal State Aid Streets, suggesting that this work be given priority, so that moneys can be spent before the legislature meets in 1961 to reapportion said funds. Betition cut-off date established as Monday, November 23, 1959, for 1960 construction work. CONCRETE PAVING AND BLACKTOPPING COMPLETION DATES EXTENDED TO JUNE 15,*1960. Engineer Zikan's written recommendation, dated this date, for extension of completion dates on Blacktopping and Concrete Paving contracts to June 15, 1960, was reviewed. Recommendation set forth several stipulations for such extension. Beim's motion that completion dates be extended to JBne il. 8 $n accordance with Engineer's recommendation and only on compliancehhg s&pu!azions set forth in said recommend- ations was seconded by Kohler and carried. I .. SHANNON DRIVE FROM SOUTH LINE OF PROSPECT HILLS SECOND AWITION TO DEWEY HILL ROAD TO BE COMPiSTED BY VIUAGE ON ASSESSMENT BASIS. Engineer Zikan recommended that this street be completed by Village awarded contract and the cost thereof be assessed against abutting properties; the owners having failed to complete in accordance with their promise, because of domestic difficulties involving division of property. Village Engineer was'directed to prepare Estimate and plans for completion of'street, preparatory to scheduling public hearing and bids on same. I. . .11/9./59 TRACY AVENUE LIFT STATION PROP8RTY TO BE EXCHANGED. gngineer Zikan recommended"i' -I ;-! .... - 1 that the Village accept from the Victor Fridlund interests 3 8, 1. 2. Deed to the West 76 Feet of the North 40 Peet of Lot 9, Warden Acres, I".;r Easement paying $200 for same. of the North 85 Feet of Lot 9, Warden Acres and deed to these same interests the East 15 Feet of the West 91 Feet of the South 110 Feet of the North 150 Feet-of Lot 9, Warden Acres. this exchange will enable the Village to reach the Tracy Avenue Lift Station fromwarden Avenue, thus eliminating maintenance of a roadway along the sanitary sewer easement, and will enable Fridlund to plat. Kohler's motion, that Mayor and Clerk be directed to do all things necessary to dffect exchange of properties in accordance with Engineer's recommendation, was seconded by Beim and carried. EDINA COURT PARKING RESTRICTIONS CHANGED, Council reviewed Police Chief's November 5th memorandum on this matter, and discussed it thoroughly, finally directing Village Manager to have "Residence Parking Only'' sign at SC.8 Edina Court removed and the curb at this driveway painted yellow, to post signs showing parking time restrictions for the Village (7 AM to 12 PM-6 Hrs.; 12 PM to 7:AM-2 Hrs.), and to write the.Rector of St.Stephens Church, asking the cooperation of the Church personnel in parking in such manner as not to block the driveway at Sk3 Edina Court. i for the East 15 feet- of the West 91 Feet of the South 20 Feet He explained that PETITION PROTESTING SCHOOL PARKING LOT IN GOLF TERRACE REIGHTS FIRST ADDN. REFERRED TO VILLAGE ATTORNEY, imnediate neighborhood in protest to the proposed acquisition by the School Board of Lots 2,3,4,5 and 6, Block 1, Golf Terrace Heights First Addition (5605-5621 Normandale Road) for purpose of additional automobile parking, was discussed. Manager Hyde told Council that the matter of the necessity of rezoning to "Automobile Parking District" for needed parking lots for churches schools and other public institutions located in the- "Open Development District" needs interpretation by the Village Attorney. matter of automobile parking rezoning, referred to Village Attorney for his investigation and ruling. This petition, filed by property owners in the This petition, and the entire CRESCENT DRIVE RIGHT-OF-WAY ACQUISITION ORDERED, Council discussed the written request of Mr. Harold Rosendahl for the condemnation of the West 25 feet of Lot 49, Warden Acres, to be used as the East 25 feet of a 50-foot right-of-way for Crescent Drive between Benton Avenue and Countryside Road. letter explained that both he and Manager Hyde have contacted the owner in an attempt to purchase, without success; that the Village has an easement for utilities in the property and that it is already being used for travel. and Manager directed to acquire necessary right-of-way, preferably by negotiation, but by initiation of condemnation proceedings if necessary. Mr. Rosendahl's Attorney W.69TH STREET GRADING AND GRAVELING PETITION ACCEPTED. Grading and Graveling of W.69th Street between Brittany Road and a point 300 Ft. This petition, for the West thereof, was submitted and was discussed in relation to the wishes of Christ Presbyterian Church in this matter. It was reported that the Church is taking a strictly neutral stand, and petition was accepted and referred to Village Engineer for programming. LESLIE LANE-KAYMAR DRIVE STORM SEWER PETITION ACCEPTED. submitted by Cler&,being for Storm Sewer in Leslie Lane between Jeffrey Lane and Leslie Lane's eastern terminus, and in Kaymar Drive between Jeffrey Lane and Eden Prairie Road. Motion was made by Beim, seconded by Kohler and carried, that petition be accepted and referred to Village Engineer for programming. This petition was 4 LESLIE LANE TO BE GRAVELED BY VILLAGE. Engineer Zikan reported that the Village has $700 held in escrow, for the graveling of this street; that, despite severaLattempts by.the Engineering Department to have the developer do this work it has not been done. that the Engineer be given the authority to have the work done by the Village, using as payment the amount held in escrow. Mr. Zikan told Council he has been in receipt of several complaints from residents on the condition of this street, Authority granted by common consent of Council. PURCHASE OF PLAYGROUND AREA AUTHORIZED, legally described as "that part of Outlot 4 of Town Realty's Edina Terrace Addition lying adjacent 00 and north of the 62nd St. Crosstown Highway", for purchase by Village at ,sum of $9,000, was presented, with recommendation of Park Board for'approvL . It was noted that this tract is directly east ok the newly acquired tract in Farmer and Erickson additions; and, after some discussion as to its ultimate use, Kohler's motion authorizing purchase in accordance with agreement submitted was seconded by Beim and carried. In conjunction with the above discussion He asked . Purchase agreement for this property, . * ,.. . c. -. ,.' .. 8 * 11/9/59 * :t...,r*** 'L.-."7*.'i""l-c r * ,-'<--*:~:.:v ... ' & ,', % , , , , , * . . , I ,** . I 19'59 BUDGET REVENUE I%-ESTIMTED; APPROPRTATIONS Rl-ALLOCA!J%~. Finance Director balen presented a "Statement of Estimated Expenditures and Kecommended Transfers" based on actual expenduttxres for the nine months ended September 30, 1959, which showed that the General Fund will be miestimated $12,800 over-expended on-original budget figures. ing and Clerical receipts estimate should be increased by $10,000; Court receipts by $5,000. and Kohler offered the following Resolution and moved its adoption: He told the Council that Estimated Receipts are low-that Engineer- Some discussion was had, with Mr. Dalen supporting his written advice, RESOLUTION RE-ESTIMATING REVENUES AND REALLOCATING APPROPRIATIONS FOR YEAR 1959 BE IT RESOLVED by the Village Council of the Village of Edina: mated the revenue to be receipted for Engineering and Cler"ra1 services and by the Municipal Court; and said budget is hereby corrected by adding to the estimated revenues for said functions the amounts of $10,000 and $5,000 respectively: year 1959 are unexpended, unencumbered and not needed; and that their balances shall be transferred to other appropriations as hereinafter set forth: GENERAL FUND: GENERAL FUND: TRANSFER FROM: TRANSFER TO: * 1. In preparing the Budget for the year 1959 this Council has incorrectly esti- 2. It is hereby deemed that certain appropriations made by this Council for the Mayor and Council $400 * Finance $500 2,800 Planning 2 , 000 Municipal Court 1,500 14,650 Administration 1,600 Library Asses sing 500 .Engineering Legal services 600 Police Protection 150 Civil defense 4,300 Contractual Services: Animal control 1,200 General * 3,600 Inspection 5 , 200 Village Hall 1,500 Contingencies 2,300 Garage 600 Settlement of suits 900 Equipment Operation 15,600 Special Assessments on Small Tools 300 Unallocated Capital Public works 5 , 000 Fire Protection 2,000 Village Property 4,000 Outlay - 200 $ 28,200 Motion for adoption of Resolution was seconded b four ayes and no nays, as follows: Beim, aye; I and the Resolution was adopted. Mayor Pro Tem ENGINEER PROTESTS ALLOCATION TO GENERAL FUND FOR CONSULTING ENGINEER SERVICES; TO PREPARE NESJ ESTIMATE OF CHARGES. Engineer Zikan protested Mr. Dalen's method of allocating Consulting Engineering Services as Village Engineering Department expense, stating that consultants charge more for. their services than the percentage assessed for Village engineering services; tha$ they make additional charges for resident supervision and for '*as-built" plans, all of which work is included in the 8% of contract He told Council he was unaware that this systemwas being followed; that he believes consulting engineering fees should be allocated directly against the project for which such work is performed. was directed to bring in a fee schedule which would cover all engineering costs. now assessed against construction projects engineered by this department. Some discussion was had on the matter, knd Mr. Zikan CLAIMS PAID: Kohler's motion for payment of the following Claims, as per pre-list dated November 9, 1959: General Fund $18,385 . 71 Construction Fund $2,9 16 . 76 Park & Park Const. 5,116.93 Waterworks Fund 694.87 Liquor Fund 71,102.46 Sewer Rental Fund 173 . 54 Improvement Funds 375.39 Poor and PIR Funds 262 . 66 $99,028.32 I COURT CASH SHORTAGE WRITTEN OFF. Manager Hyde reported that payment has not been made of the $42 shortage found in 1958 Court receipts; that the records have been checked and re-checked by Court personnel without avail; that it is felt that this was an honest mistake, made because of the volume of work handled by this office; that it is impossible to determine responsibility for the mistake at this time. He asked Council policy in the matter, and Kohler moved that Council dissolve anyone of blame for the error, and that this action be called to Judge Burris' ateention with recommendation that his employees be more careful in the future. Motion seconded by Beim and carried. WESTWOOD COURT SANITARY SEWER PETITION HONORED. Petition signed by four residents of Westwood Court, asking for Sanitary Sewer, was discussed. that these petitioners were opposed to sewer installation some two years ago, when it was ordered into this neighborhood; that they are now asking for the improvement because of cesspool troubles; that there is seepage at the surface and may be a health problem. Clerk told Council Beim offered the following Resolution and moved its adoption: 11/9/59 b-; f-J -j .WS~&PTtOrS .P,RQYfD,tNG .$4P. ,€!VfiLXC .WW.W .- li - PROPOSED SkWfARY SEWER XWROVE!MENT “?A BE IT RESOLVED by the Council of the Village of Edina: 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. the Edina Village Hall, to consider in public hearing the views of all persons interested in said proposed improvement. place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publications is to be not less than three days from date of said meeting, which notice shall be in sub- stantially the following form: 1. The Village Engineer, having submitted to the Council a preliminary 2. This Council shall meet on Monday, November 23, 1959, at 7:OO P.M., in 3. The Clerk is hereby authorized and directed to cause notice of the time, NOTICE OF PUBLIC HEARING ON PROPOSED SANITARY SEWER NOTICE IS HEREBY GIVEN that the.Edina Village Council will meet at the Edina Village Hall on Monday, November 23, 1959, at 7 io0 P.M., to consider the following proposed improverqent to be constructed under the authority granted by Minnesota Laws 1953, Chapter 398. Engineer as set forth below: The approximate cost of said improvement is estimated by the Village ESTIMATED COST CONSTRUCTION OF VILLAGE SANITARY SEWFR AND APPURTENANCES IN THE FOLLOWING STREETS: Schaefer Road from South Westwood Court to North Westwood Court, North Nestwood Court to 530 feet East. The area proposed to be assessed for the cost of the proposed Sanitary Sewer includes Lots 15 and 16, Auditor’s Subdivision No. 325; Lots 1, 2, 3, and 4, Block 1, Westwood Court Addition; and Lots 1 and 2, Block 2, Westwood Court Addition. $10,917.60 GRETCHEN S. ALDEN Village Clerk were four ayes and no nays, as follows: Beim, aye; Kohler, Dickson, aye; and the Resolution was adopted. And Tupa offered the following Resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED SANITARY SEWER IMPROVEMENT, AND DIRECTING ADVERTISEMENT FOR BIDS . BE IT RESOLVED by the Village Council of the Village of Edina: set forth in the following Advertisement for Bids form, heretofore- prepared by the Village Engineer and now on file in the office of the Village Clerk are hereby approved . 2. Courier and the Construction Bulletin the following notice for bids for said improvement : 1. The plans and specifications for the proposed Sanitary Sewer Improvement The Clerk shall cause to be published twice in the Edina-Morningside ADVERTIS.EMENT FOR BIDS SANITARY SEWER Sealed bids will-be received and opened in the office of the Village Manager in the Edina Village Hall, 4801Nest 50th Street, at 11:OO A.M., Monday, November 23, 1959,’ and the Edina Village Council will meet at 7:OO P.M. on Monday, November 23, 1959, to consider said bids being for the following: CONSTRUCTION OF VILLAGE SANITARY SEWER AND APPURTENANCES IN,THE FOLLOWING STMU : Schaefer Road from South Westwood Court to North Westwood Court; North Westwood Court to 530 feet East. Work must be done as described in plans and specifications on file in the office of the Village Clerk. $5.00, which deposit will be refunded upon return of said plans and specifications. No bids will be considered unless sealed and accompanied by cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten percent of amount of base bid. all bids. BY ORDER OF THE VILLAGE COUNCIL. Plans and specifications are available for a deposit of The Council reserves the right to reject any or GRETCHEN S. FEN Village Clerk Each and all of the terms of the foregoing advertisement for bids are 3. hereby adopted as the terms and conditions ‘of award of the contract for said imp rovemen t . l.l/9f 59 2 8 G Motion for adoption of Resolution was seco Four ayes and no nays, as follows: 'Beim, aye; and the Resolution was adopted. Village Clerk There being no further business to cow before this meeting, Tupa moved for adjourn- ment, .- . Motion seconded by Kohler and carried. Village Clerk MINUTES OF THE REGULARMEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, NOVEMBER 23, 1959, AT 7:OO P.M., AT THE EDINA VILLAGE HALL .. Members answering Rollcall were Beim, Dickson, Kohler, Tupa and Bredesen. PUBLIC HEARING ON PROPOSED REZONING FROM "OPEN DEVELOPMENT DISTRICT" TOI'AUTOMOBILE PARRING DISTRICT"--AREA SOUTH AND WEST OF BUSINESS ESTABLISHMENTS, SOUTH OF W.50TH STREET BETFJEEN FRANCE AND HALIFAX AVENUES. Affidavits of Publication, Posting and Mailing of "Notice of Public Hearing" were presented by Clerk, approved as to form, and ordered placed on file. Pursuant to said Notice, Public Hearing was conducted on the proposed rezoning of the property generally described in this heading. Manager Hyde explained that no petitions have been submitted for this change in zone, that it is Village-initiated, inasmuch as 'the property has been used for automobile parking purposes for many years; that.the matter came to Village atten- tion as the result of the addition to the National Tea Building. Attorney Verne Moss, representing Mr. Gale, owner of the National Tea building, spoke in favor of the rezoning, No objections were registered at the Hearing, and no written objections had been received by the Clerk prior thereto. Dickson offered the following Ordinance, moving that the Council waive second reading and adopt Ordinance as offered: ORDINANCE NO. 261-53 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF EDINA BY ESTABLISHING ADDITIONAL EUTOMOBILE PARKING DISTRICT TElE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 5, Automobile Parking District, of athe revised ordinances of the Village of Edina, as amended, amended by adding at the end of paragraph 1 of said Section graphs, as follows: "The- South 50 Ft, of the North 150 Ft. of Lot 42, vision No. 172". Ordinance No. 261 of is hereby further 5,additional subpara- Auditor's Subdi- "The East 155 Ft. of that part of Lot 43, Auditor's Subdivision "That tract beginning at a point 78 Ft. North and 65 Ft. East of the No. 172 lying South of the North 175 Ft. thereof". Southwest Corner of Lot 43, Auditor's Subdivision No. 172; thence West 24.25 Ft.; thence North to a point 175 Ft. South of the North line of said Lot 43; thence East to a point 155 Ft. West of the East line of said Lot 43; thence South to the point of beginning". "That part of Lots 44 and 45, Auditbr's Subdivision No. 172, lying South of a line parallel with and 175 Ft. South of the South line of W. 50th Street". .. Section 2. ,This ordinance shall be in effect immediately upon its passage and publication. I Motion for adoption of Ordinance as offered and for waiver of second reading thereof was seconded by Kohler, and on Rollcall the Beim, aye; Dickson, aye; Kohler, aye; Tupa, - was adopted. PUBLIC HEARING ON PETITION OF MR. BEN SIMPSON FOR EIGHT-FOOT SIDE YARD SETBACK AT 5509 BEARD COURT. on the lot, Planning Director Hite to!d Council that Planning Conunission has reconomended this proposed eight-foot setback (where a 15-foot setback would normally be required) because Beard Avenue has not been cut through and there is no indication that it will be a traveled street at this point. There were no objections registered at the hearing, none had been received prior thereto, and Beim mved for allowance of the requested eight-foot setback. Presenting a sketch showing the proposed location of this house Motion seconded by Kohler and carried.