Loading...
HomeMy WebLinkAbout19591123_regular11/91 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. ... .. 11/23/59 .I) ,*.... ._.'. ,.I...Z -,..II ....,~.,*........,.. :.. ..... ....*...'... " -*.;..... 9$?c ,PUBLIC .HEARING ,ON PETXTIbN OF M.R. 1)ON 0LSC)N PO# SIX-FOOT WEST SXDE YARb SETBAM AT 5201 BIRCHCICEST IDRIVE. Planning Director Rite told Council that a 20-foot setback is required from Code Avenue because the garage opens onto Code; that with the requested 6-foot west sideyard setback there will still be 20 feet between #5201 and f5205 because of a 14-foot east sideyard setback at #5205; that the Planning Coxixtission has recombended favorably on the request. No abjections were registered at the Hearing, and none had been received prior thereto. Beim and carried. Department . Tupa's motion, that requested setback be permitted, was seconded by Hearing was held pursuant to Notice mailed by Planning PUBLIC HEARING ON PETITION OF MR. DON McCLELLAN FOR PERMIT TO MOVE DWELLING FROM 6208 SHERWOOD AVE. TO 6201 PEACEDALE AVE. Public Hearing was conducted pursuant to Notice of Hearing mailed by Planning Department. residents, led by Mr. Richard Dahl, 6215 Halifax Avenue, objected to the moving of'older homes into the neighborhood, stating that the house proposed to be moved does not fit in with the homes now there. the to-be-moved home, Mr. Hite reported that this house is not an old one, that tt is one of the homes which the Planning Commission has recommended for removal to any part of the Village. Council is powerless'to prohibit the moving if the dwelling complies with the zoning-and building requirements of the Village. Mr. Dahl then objected to the moving of the house, now, on the grounds that Mr.* McClellan's replat has not yet been finally approved. Mr. -Hike reported that Final Replat will be presented at the first December meeting. an connection with the foregoing moving Iiearing, members of the delegation complained on Mr. McCl'ellan's general operations, as follows: That he is still storing heavy equipment on his premises at 6201 Peacedale, in defiance of the Village Zoning Ordinance. That from time to time he is pumping his sewage 'down the driveway, making it impossible for neighbor to use his kitchen entrance because of the bad'odors engendered. This particular complaint was made by a lady wkio stated *this operation has been going on for some time; but that she has been afraid to complain because-of threats made to her two small children by Mr. McClellan at one time. " Insofar as moving of the house is concerned, Mr. Dahl asked that, if possible, Council require landscaping, and all things necessary to make the house as attractive as can reasonably be expected, and safe for occupancy.. The matter of the bond required for house moving was explained; and Trustee Kohler moved that request for moving permit be tabled pending filing and approval by Council of Final Plat, and that the Village Manager be directed to investigate the other complaints herewith registered. Motion seconded by Dickson and carried. Audience was informed that this action does not necessarily mean that the house will not be moved but that it does mean that Council will know that plat is in order before dwelling is placed on this property. A delegation of some 13 Showing Council a picture of . Mayor Bredesen told objecting delegation that the ZONING AND SANITARY COMPLAINTS REGISTERED AGAINST PETITIONER McCLELLAN. s 1. 2. PUBLIC HEARING ON PETITION OF MR. K. MAKELA AND OTHERS FOR VACATION OF ALLEY BETWEEN JACKSON AND VAN BUREN AVES. AND BETWEEN BEIMORE LANE AND NORTH VILLAGE LIMITS. Clerk presented Affidavits of Publication and Posting of "Notice of Public Hearihg", and of mailing of said Notice to affected property owners. Notice was approved as to form, and, pursuant thereto, public hearing was condueted,on petition and action taken as herejlnafter recorded. that petition received had covered all lots east of the Alley except two; that the Village controls the west side, this being park property; that the Park Board has no objection to Vacation. from the street for Lot 9 (non-petitioning), and replied that all homes on Van Buren Avenue have access to their garages from the street. objections filed to proposed Vacation, and none had been filed prior to the Hearing. Mr. Makela inquired as to what would be done by the Park Board in developing the property abutting Jackson Avenue, and was informed by Manager Hycie there would be a blend with the rear lot lines of the Van Buren lots. This was agreeable to him. Tupa offered the following Resolution and moved its adopt ion : Clerk reported Petitioner Makela was asked about access There were no RESOLUTION VACATING ALLEY THAT ALUY LYING BETWEEN JACKSON AVENUE AND VAN BUREN AVENUE AND BEThIkXN BELMORE .. LANE AND SPRUCE ROAD / WHEREAS, a majority of the owners of the land abutting on the North-South Aliey lying in Block 3, West Minneapolis Heights Addition and between Jackson and Van Buren Avenues and between Belmore Lane and Spruce Road, have petitioned for the Vacation of said alley; and WHEREAS, two weeks' published notice and posted notice of a hearing to be had on said petition on November 23, 1959, at 7:OO P.M., has been made, and a hearing has been had thereon by the ViZiage Council: NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Edina, Hennepin County, Minnesota thpt: given and Villagk of 11/23/ 59 286 , rtAll of * that North-South Alley lying in Block 3, West Minneapolis Heights Addition and lying between Jackson Avenue and Van Buren Avenue and between Belmore Lane and recorded in the office County, Minnesota, shall be and hereby is vacateu?. Spruce Road, as the same is of the Register of Deeds of Hennepin Motion for adoption of the Resolution was secon were five ayes and no nays, as follows: Beim, aye; and Bredesen, aye; and the Resolution w n Rollcall there ( (Tupa then mved, directing Clerk to delay putting resolution on record until ease- ments had been obtained for utilities. Motion seconded by Dickson and carried. PUBLIC HEARING ON PROPOSED SANITARY SEWER IN SCHAEFER ROAP FROM SOUTH WESTWOOD COURT TO NORTH WESTWOOD COURT AND IN NORTH WESTWOOD COURT FROM SCWFER ROAD TO 530 FT,EAST. Clerk presented Affidavit of Publication of "Notice of Hearing" in Edina-Morningside Courier November 12 and 19, 1959, which notice was approved as to form and ordered Placed on file. Plan was shown, and Estimate of Cost was given at $10,917,60 Total, for $1,091.76 per,Connectionz Blaxiager Hyde told Council that bids were taken today, on January 1 and June 15 colnpletion dates; that F. Morettini, Inc. is low on the June 15 date, with $7,987.75; Northern Contracing Company is low on the January 1 date, with $9,862.50; that Mr. McGlynn, sponsor of petition and owner in most acute need,'is satisfied to wait until June 15. Council was also informed that, although Notice did not so state, properties should be assessed $248.53 per connection for a lateral sewer connection to District Sewer No. 142; that, if tlie June 15 completion date is accepted, the total estimated cost to each connection would be $1,'207.05, as compared with the $1,091.76 given in the Notice. Village Attorney Hasselquist told CounciX failure to publish notice of the connection charge would not invalidate proceedings. project proposed some two years ago, the cost per connection would have been $591.00 per lot for the laterals, plus the district charge of $248.00. registered at 'this Hearing, and none had been received prior thereto. the following Resolution and moved its adoption: Mr. Hyde told Council that, had this area come into the large sewer There were no objections Kohler offered. RESOLUTION ORDERING IMPROVEMENT SANITARY SEWER IMPROV~NT NO. 164 I 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 : CONSTRUCTION OF VIDLAGE SANITARY SEWER AND APPURTENANCES IN THE xFOU(SWING STREETS: -- Schaefer Road from South Westwood Court to North Westwood Court; North Westwood Court from Schaefer Road to 530 Ft. East and at the hearing held at the tihe and place sglecified in said notice the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvement; that said improvement is hereby designated and shall be referred to in ali subsequent proceedings as follows: SANITARY SEWER IMPROVEMENT NO. 164,' and the area tdbe specially assessed therefor, and for Lateral Connection to District Sewer No. 142, shall be as follows: Ldts 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. Motion for adoption of the Resolution was seconkl were five ayes and no nays, as follows: B aye; and Bredesen, aye; and the Resolution w Beim, and on Rollcall there I 6ONTRACT AWARDED FOR SANITARY SmR IMPROVEMENT NO, 164. Tabulation of Bids taken today was submitted, and Council reviewed Mr. Hyde's summary, given in connection with Hearing on the project, Kohler moved for award of contract to low bidder on June 15th completion date, F. fibrettini, Inc., at $7,987.75. Beim and carried. Motion seconded by WATERMAIN LOOP CONTRACT CANCELLED--MAIN BEING CONSTRUCTED UNDER PRIVATE CONTRACT, Biscussion was had on bids taken November 9, for construction by Village of a Water- main Loop in Lynmar Lane trom West 72nd Street to Mavelle Drive and in lJ.72nd Street from Bristol Blvd. to Lynmar Lane, award of this contract having been delayed pending anrf opinion by the Attorney'General on bayment of "Village Share" of Bristol Blva. utilities. reported that the main is now going in under private contract for the portion of the main necessary to seme the Church. be rejected, was seconded by Tupa and carried. Attorney Hosmer Brm was present during the discussion; and it was Beim's motion, that bids taken November 9 ll/ 231 >Y .EAKE WNA SZCOND 'ADDITX~N :S&YTTARY .SZWER AND W&~E&N (SANITARY SEWER, . , L. - WT IMPROVEMENT ,NO. ,162 AND WATI3WAT.N XMPROVEflHT NO. 143) TO BE E-BVERTliSEb ON NiM COMPfSTION IDA!l!ES, Zt was reported that F. Morettini, Inc., low bidder on these projects on the January 1, 1960 completion date preferred by developers, has refused this completion date, now, because of the elapse in time between award of contract and delivery of same; that contract was held at this office pending receipt'of "subdivision financing" bond by the developers; that bond had not been delivered to this office until the 30th day after award of contract by the Council and, then, had been returned by the Village Attorney for revisgon and is not yet in this office; that Morettini will agree to complete projects by May 1; 1960, for an addition to his January 1-completion-date bid of '1/2 the difference between the January 1 and the June 15th bids (about $1,000 net). Attorney Hosmer Brown and Mr. E,C. Stow were present during this 'report, "Mr. Brown stating that developers would like to have work completed as soon as possible; and Manager Hyde recommended award on the May 1 completion date. Stating he belreves the Village could getter prices, now, than they did on A October 13, Mr. Stow suggested that the projects be re-bid, Mr. Hasselquist * assured the Council that the proper bond would soon b;e filed with the Council; and Dick'son moved that all bids taken October 13 be rejected and that Council' re-adverthe for bids, to be t'aken on completion dates of April 1 and June 1,' 1960. * * Motion'seconded 5y Beim and carried. DOOR-TO-DOOR S0f;ICITATION PROHIBITION UPHELD BY COUNCIL, Mr. Franklin N. Johnson, 4813 School Road, appeared before Council to request a license to * solicit door-to-door, puscsuant to his having been warned by the Police Depart-' ment against thistype of selling, as the result of complaint registered by resident. tEie practice of door-to-door solicitation unless solicitor hap been invited to the premises by owner 0'1: occupant, and was *informed that'he could not secure a license for his present type of operation, ORDINANCE NO. 181--"AN OmINmCE REGULATING AND 'LICENSING TRANSIENT MERCHANTS; WKERS AND PEDDLERS?'--to be reviewed, in relation to Eir. Franklin Johnson's statements that "hundreds of people are' selling door-to-door in gdina alx the time"; andMr. Hasselquist stated he believes that this Ordinance should be either enforced or dropped from the records. Attorney directed to review Ordinance, with recommendation as to disposition thereof. Mr. Johnson was referred to Village Ordinance No. 182, which forbids Some discussion was had on this Ordinance, BROOKVIEW HEIGHTS FOURTH ADDITION Pm-LIMINARY APPROVAL DISCUSSED--NO ACTION T&EN , Although this matter was not on the agenda'for this meeting, Attorney Hosmer Brown, representing Mr. E.C. Stow, reported to the Council tkt "Brookview'Heights 4th Addition" had received the Preliminary Approval of the Village Planning Commission at its November meeting "subject to receipt of information on proposed land use of the unplatted land in this parcel"; that the plat had not been presented to Council for its approval at the November 9th meeting. Protesting that the developer does not know, at this time, what he expects to do with the unplatted portion (some 20 acres); that he may not even control it at the time it is platted, Mr, Brown protested any delay in approval which might stem from the Commission's requirement for such information, Mr. Stow expressed himself as "not being able to understand why the plat should be brought before the Conmission, now, without any advice to him that it was going to be presented." Be told the Council that the plat 'had been presented, first, in 1951; that the then Planning Director had brought it before the Commission again just before he left, that it had been approved by the Commission then and had been brought to the Council for approval, Mr, Hite explained that the plat. had been presented to the Planning Commission's Movember meeting at the request of a Mr. Jim Halver- son; that it is the Planning Commission's custom to endeavor to ascertain the useage of surrounding properkles.before approving plats; that, after Commission's action he, Mr, Hite, had called Mr. Halverson about the matter; that plat was not brought to Council attention on November 9 because of Council preference that they not be asked to c'onsider "subject to" approvals. plat and the remaining acreage is now all in one parcel, under one ownership; that the remainder is not too desirable for residential building. statedthat his only purpose in appearing, tonight, is to advise the Council of the problem beforehandst, and to state that to make Wr. Stow responsible for what is going to happen to happen to the unplatted property when he may or may not be in control is a rather unusual policy.- Mr. Kohler stated that while he feels that it is wise of the Planning Commission to investigate the use of surrounding property, insofar as possible, before approving any plat; and that he feels it the responsibility of the Commissi'on so to do, he does not feel that the Council can legally withhold permission taplat Pending receipt of such information. Mr. Stow seemed surprised to learn that the plat had not been re-presented soleiy ac the request of Village officials; and there was no action taken on Mr, Brown's - * report. ' He explained that the Mr. Brown COMPLAINT ON DRIVEWAY AND BOULEVARD CONDITION AFTER PAVING, 5125 DUGGAN PLAZA, REGISTERED. was discussed in relation to Council poiicy concerning repair of boulevards after this paving. by individuals rather than by contractor. contractor will repair driveway. Tnis complaint,'registered by Attorneys for Mrs. F.H. Paulsen, Council re-affirmed its policy that boulevards should be repaired Engineer Zikan told Council that IMPROVEMENT PETITIONS RECEIVED AND ORDl3RED PLACED ON FIU. for the filing of petitions for construction work to be done-in 1960, several of the petitions listed below had been filed with Clerk this afternoon and there had been no opportunity to check them. and ordered placed on file, for further checking and for programing by Engineer. Motion seconded by Kohler and carried, said petitions being as follows: petn. asks for a double coat of oil, after regrading, which is not customary procedure. Manager directed to secure opinion as to permanent surfacing.) 2. SANITARY SEWER AND WATERMAIN - East Service Drive of Normandale Rd., W.64th St. to b.65th St. 3. 'CURB AND GUTTER AND BLACKTOPPING - Roycar 'Road,' Southcrest Drive to Brittany Road. 4. SmITARY SEWER - Portions of Lochloy Drive and Ayrshire Blvd. 5. SANITARY SEWER - Wooddale Ave., Garrison Lane to Nancy Lane; Nancy Lane, 6. SANITARY SEWER AND WATERMAIN - Goya Lane, HWy.Bl69 to 300 Ft. North. 7. BLACKTOPPING - Dunham Drive from Wooddale Ave. to Ellsworth Drive. 8, CURB AND GUTTER AND BLACKTOPPING - Tingdale Ave., W.64th to W.65th St, 9. STORM SEWER - Corner of W.66th St". and Naomi Drive. 10, STORM SEWER - Rear Yards on Naomi Drive, just off W.66th St. 11. WATERMAIN - Benton Lve. from #5500 to #5700, 12. BLACKTOPPING - 8.57th St., Bernard Place to Code Ave. 13. BLACKTOPPING - Melody Lane, Melody Lake Drive to Grove St. 14, BLACKTOPPING - Dunberry Lane, Cornelia Dr, to W. Boundary of Southdale 3rd. 15, BLACKTOPPING - View Lane from So. Knoll Dr. to rear lot line of Lot' 1, B1. 2, Parkwood Knolls 8th Addn.; Schaefer Rd., View Lane to HWy. #169; Schaefer Circle, Schaefer Rd. to Dead End Circle. This bging the deadline bickson moved that Petitions be marked "Receivedti i 1. REGEBDING AND OILING OF W.58TH ST. BETWEEN CODE AND TINGDALE AVES. (This XJooddale Ave . to lhrn-Around. 16. BLACKTOPPING - Ashcroft Ave., Vafl'ey View Rd. to W.62nd St. 17. BLACKTOPPING - York Ave., W.58th St. to W.59th St. 18. BLACKTOPPING - Ayrshire Blvd., Doncaster Way to Glengarry Parkday. 19, BLACKTOPPING - Wilford Way, West Shore Drive to Brittany Rd.(Incl.in No. 21) 20. BLACKTOPPING - Changrey Rd., Ayrshire Blvd. to Hwy, 8169. '(This petition asks that entrance to Chantrey Rd. from Hwy.#169 be redesigned without cost to property owners) . 21. CURB AND GUTTER AND BLACKTOPPING - Wilford Way, West Shore Drive to 'Brittany . Road. 22. * 23, BLACKTOPPING - Hansen Rd. fromW.62nd St. to Birchcrest Dr.; Hansen Rd. from Birchcrest Dr. to W.6lst St. UATERMAIN - Park Place from W.54th St. to 1?.55& Bt. ". . COUNCIL TO HOLD PUBLIC HEARING ON MATTER OF DEMOLITION OF HOUSE AND ATTACHED GARAGE AT 6109 BROOKVIEW AVENUE. demolition of the house and attached garage at 6109 Brookview Avenue, and the Building Inspector's report that premises are an attractive nuisance, because of general delapidation of the house and an open and unworkable cesspool outside. Kohler's motion, scheduling Public Hearing on the luac~e~ of rrpaii OL removal of the structure for Monday, December 14, 1959, at 7:OO P.M., was seconded by Beim and carried. BIDS TO BE TAKEN DECEMBER 14 ON STREET EQUIPMENT. an early increase in prices on road equipment is expected; that he would like to advertise, now, for the 1960 Budget Items of a Dump Truck with Front End Loader, and a Street Sweeper. Recommendation approved by Council, and December 14th set as date for bids to be taken, Council reviewed petition filed by neighbors for the Manager Hyde told Council that AMENDED BID ON $1,000,000 IMPROVEMENT BONDS ACCEPTED. Council that the "best bidder" on the $1,000,000 Improvement Bonds sold November 9 Finance Director DaXen told has asked to be allowed to amend his bid-as to the Additional Coupons' only; said amendment having no effect Ian the Average Interest Rate of 3.9519; that the Attorney has advised that acceptance of the amendment is within the legal province of the Council. Tupa then moved that the Minutes of the Regular Meeting of November 9, 1959, be amended as follows: ' PAGE 276 OF MINUTE BOOK NO. 22 - under the heading, 1'$1,000,000 IMPROVEMENT .BONDS SOLD11, Mame and Address of Bidder or the bid of the 'first listed bidder shall be amended to read as follows: Manager of Bidding Account John Nween.& Go., Chicago ) 1960-1963, Inc. - 3%% Interest Rate or Rates Premium Merrill,, Lynch, Pierce, Fenner) 1964-1966; Inc. - 34% & Smith, Inc., Chicago ) 1967 & 1968 - 3-3/4% B.J.VanIngen & Co.,Chicago ) 1969 - 2-3/4% Shearson-Hammill, Chicago Dean Wetter Chicago ) Plus Addl.Coupons at 2%% from 12/25/59 to 6/1/60 ) on Bonds Maturing 1960 & 1961; 12/28/59 to 6/1/61 on Bonds Maturing 1962 through 1969. and PAGE 277 of SAID MINUTE BOOK, and Second Para raph thereof, shall be amended from "Plus extra detachable coupons for the periog from Bebruary 1, 1960 to Jane 1, 1961 at the rate of 2-1/4% per annum on all bonds" to the following: ' * "'el I. ,s,n I* ....*-. e,<-,.-%. L *. *I, .b It 9hdmeachwand-ail of the bonds to bear additional interest at the rate of 2.25% p&r annum, represented by a separate set of coupons designated as %'' 282, T& coupons, for the following 1im;ited periods: Bonds maturing in the years 1960 and 1961: From Bonds maturing in the years 1962 through 1969: From December 25, 1959 .to June 1, 1960 December 25, 1959 .to June 1, 1963". Motion for acceptance of amend-ed bid, by amendment to Minutes of Meeting of November 9, as hereinbefore se.t forth, was seconded by Beim. taken, and there were five ayes and no nays, as follows: Beim, aye; Dickson, aye; Kohler, aye; Tupa, aye; 4nd Bredesen, aye; and the motion was unanimously carried. Tupa then offered the following Resolution and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE OF 1MPROVEMEN.T BONDS OF 1959, PAYABLE FROM THE IMPROVEMENT BOND REDEMPTION FUND Rollcall was 8 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, as follows : 1, By resolution dated December 30, 1957, this Council created the Temporary Improvement Fund. of the Village and authorized the issuance of Temporary Improvement Bonds. payable therefrom, pursuant to Minnesota Statutes 1957, Section 429.091, Subd. 3, for the temporary financing of, local improvements in anticip3tion of the levy and collection of special assessments ta pay the cost thereof. December 30, 1957 and December 8, 1958, the Village has issued, sold and delivered Series A of such bonds, dated December 15, 1957, in the amount of $600,000, and Series B, dated DecemberL35, 1958, in the amount of $300,000, both maturing December 15, 1959. improvements estimated in said resolutions to cost in the aggregate $995,996.57 (exclusive of improvements originally financed by the Temporary Improvement Bonds of 1958, dated December 1, 1958, estimated to cost $261,545.80). No. bonds other than Series A and B are now outstanding, payable from the Temporary Improvement Fund. been completed and the total cost thereof has been ascertained to be $912,794, which sum has been duly assessed upon the properties benefited thereby. After deduction and payment of all interest accrued and to accrue on the Temporary Improvement Bonds to December 15, 1959, the balance on hand in the Temporary Improvement Fund on said date, derived from payment and prepayment of in- stallments of said special assessments, will be approximately $100,000. is accordingly dete&ned that. $100,000 principal amount of said bonds dhall be paid from said balance on hand, and that the remaining principal amount of $800,000 shall be retired by the issuance of a like amount of definitive Improvement Bonds pursuant to said Section 429.091, Subd. 3. The Village has also ordered, in accordance with the provisions of Minnesota Statutes, Chapter 429 and after public hearing as required by law, the construction of-various additional blacktopping, curb and gutter and storm sewer improvements as more fully described below, and.has duly ordered, received and approved plans and specifications and entered into contracts for the construction of said improvements after proper advertisement for bids. The total benefits resulting from each of said improvements to the properties within the area proposed to be assessed therefor, as heretofore defined, will be not less than the cost of such improvements. total amount of such cost will be assessed against those lots and tracts spe- cially benefited by said,improvements, and that: such assessments will be made payable in ten equal annual anstallments, except that the assessments for the blacktopping improvements will be made payable in five equal annual install- ments, and that said installments, together with interest at the rate of 5% per annum on the balance of the assessments remaining unpaid from time to time, will be spread upon the tax rolls of the Village for consecdtive years commencing in 1959 or, as to those improvements so designated below, in 1960, and will be collected in the respective Succeeding years. owns easements and rights-of-way over all streets and other property required for the construction of said improvements. improvements and the estimated cost is as follows: Blacktopping: I 03 Pursuant to further resolutions dated Said temporary bonds were issued to finance All of the improvements financed by Series A and B have It 2. It is contemplated that the s The Village now The designation of each of said Street Improvement No. A-120 $14,567.26 A-121 2 , 327 . 80 A-124 7,126.84 A- I25 2 , 170.89 A- 126 3 , 280 , 75 A- 127 6,557.08 * A- 128 2 , 814.20 A- 129 11,473.68 * A-130 3 , 578.89 A-131 2,276.55 A- 132 14,036.82 A-133 4 , 7 47 .19 298 * . *._----*_. "I . %.. IF Blacktopping (Continued) Street Improvement No. A-134 A-135 A-136 A- 137 A-138 A-139 A-141 A-143 A- 144 A- 145 Curb and Gutters: Street Improvement NO. ii-55 B-56 B-57 B-58 B-59 B-60 B-61 B-62 B-63 B-64 B-65 B-66 Storm Sewer No. 45 11/23/59 $10,072.19 . 6,145.46 9,7 12.10 6,106.09 7,692.83 3,647 . 10 5,710.36 9,706.88 4,232.31 $ 3,844.09 9,357.70 6,107 . 20 2,937.77 3,323 . 56 9,230.97 4,703.20 1,509.39 3,065.55 334.50 8 , 47 I. 83 3,444.33 - 323.36 $141,427.60 53,211.12 4,653.57 $199,292.29 Other costs on two projects to be assessed * To be assessed in 1960. aut of the Temporary Improvement Fund all interest accrued on the Temporary Improvement Bonds, Series A and B as of December 15, 1959, and to pay and re- tire out of the remaining balance on hand in said fund $100,000 principal amount of said bonds, and to pay and retire the remaining principal amount of said bonds out of the proceeds of the definitive Improvement Bonds herein authorized. Thereafter all special assessments, and taxes if any levied with respect to the improvements financed by said bonds shall be diverted fromthe Temporary Improvement Fund and shall be and are hereby pledged and appropriated to the Improvement Bond Redemption Fund created by Ordi- nance No.'14 of the Village of Edina, dated August 31, 1955. The special assessments, and taxes if any, levied and to be levied with respect to the additional improvements listed in paragraph 2 hereof, shall be credited to the respective improvement funds heretofore created for said improvements until the cost of each of the improvements shall have been fully paid. of the proceeds of sale of the definitive bonds herein authorized there shall also be credited to said improvement funds amounts equal to the cost of the respective improvements as listed in paragraph 2. The fund of each improvement shall be used solely to pay the costs and expenses of the making thereof, as such expenses are incurred and allowed, provided that (I) there shall Be transferred from the fund of each improvement to the Improvement Bond Redemption Fund an amount equal to interest, if any, computed at 5% per annum on the cost of such improvement from the date of issue of the definitive bonds herein authorized to the date upon which the assessment roll for such improvement shall be finally confirmed, and (2) upon comple- tion of each of said improvements any unexpended portion of the bond pro- ceeds still held in the fund thereof may be transferred to the fund of any other improvement listed in paragraph 2, or may, if directed by the Council, . be transferred to the fund of any other improvement to be financed by the issuance of bonds under Minnesota Statutes, Chapter 429, and (3) upon com- pletion of all of said improvements, any unexpended balance remaining in the funds thereof, and a11 subsequent collections of special assessments and taxes, if any, levied with respect to said improvements, shall be and are hereby appropriated to the Improvement Bond Redemption Fund. As to those improvements'described in this resolution, the cost of which has not heretofore been assessed, the Village hereby covenants and agrees that it will do and perform, upon the completion thereof, all acts and things necessary for the final and valid levy of special assess- ments upon properties within the areas heretofore designated to be assessed for such improvements, in an aggregate amount equal to the total cost of suchd improvements as the same'shall finally be ascertained. that any assessment for any of'the improvements described in this resolution shall at any time be held invalid in respect to any lot or tract of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the Village or this Council or any of the Village's officers or employees, in the making of such assessment or in the performance of any condition precedent thereto, the Village also covenants and agrees that it 707.71 $200 , 000.00 3. The Village Treasurer is hereby authorized and directed to pay Out 4. In the event P Q e' will do forthwith all such further acts and take all such further proceedings dp-j ?. as shall be required by law to make such assessment a valid and binding lien upon said property. hand in the Temporary Improvement Fund, to pay and retire said Temporary Improvement Bonds,-Series A and B, and for the purpose of paying the cost of the additional improvements described in paragraph 2, in anticipation of the collection of special assessments levied therefor, the Village has authorized and contracted for the sale of definitive Improvement Bonds in the amount of $1,000,000, subject to further terms and conditions as here- I inafter stated. The full faith and credit of the Village shall be and are hereby irrevocably pledged for the prompt and full payment of the principal of and interest on said bonds. Said bonds shall be primarily payable from the Improvement Bond Redemption Fund created by Ordinance No, 14, on a parity with improvement bonds heretofore issued pursuant to said ordinance, but if the moneys in said fund should at any time be insufficient to pay all principal and interest due on such bonds, including this issue, the Village covenants and agrees that it will provide sufficient moneys to restore such deficiency in the manner set forth in said ordinance. The special assessments and taxes heretofore levied and appropriated-to the Improvement Bond Redemption Fund,' together with the cash balance now on hand in said fund, are estimated to be collectible in the years required and in the amounts sufficient to produce sums very substantially more than 5% in excess of the annual amounts of principal and interest to become due on all Improvement Bonds payable from said fund, including the issue herein authorized. Accordingly, no tax is presently required to be levLed for the payment of principal and interest on this issue, under the provi-F sions of Minnesota Statutes 1957, Section 475.61, However, the obligation of the Village is expressly recognized and affirmed, to levy a tax upon all taxable property within its corporate limits, without limitation as to rate or amount, if found necessary for the payment of such principal or interest. The definitive Improvement Bonds to be issued pursuant to the contract of sale heretofore entered into by the Village shall be issued in negotiable coupon form, designated as "Improvement Bonds of ,1959", and dated as of December 1, 1959. Said bonds shall be 1,000 in number and numbered from 1 to 1,000, inclusive, each in the denomination of $1,000, and shall mature serially in the amount of $100,000 on June 1 in each of the years 1960 through 1969, provided that each and all of the bonds maturing in the years 1961 through 1969 shall be subject to refemption and prepayment at the option of the Village, at par and accrued interest and in order of their serial numbers, on the first day of June or the first day of December immediately preceding their respective stated maturity dates. than 30 days prior to the date specified for the redemption of any of said bonds the Village Treasurer shall mail notice of the call thereof to the holder, if known, and to the bank at which principal and interest are then payable, and said Treasurer shall maintain a record of the names and ad- dresses and serial numbers of holders of prepayable bonds, so far as such information is.made available to him, for the purpose of mailing such notices. The bonds of said issue maturing in the years and bearing the respective serial numbers set forth below shall bear interest at the re- spective annual rates set forth opposite said maturity years and serial numbers, from date of issue until paid: 1- *- It '_. I ~ . li -s i .",* ,i, I- \mwg , , I-,,*l,~>C..I I L *Y L ,r b _,. -r . li . 5. For the purpose of providing funds, over and above moneys on 6. Not less Maturity Years Serial Numbers Interest Rates 1960 through 1963 1 through 400 3.25% 1964 through 1966 401 through 700 3.50% 1969 901 through 1000 2.75% The bonds maturing in the years 1960 and 1961 (numbered 1 through 200) shall bear additional interest, represented by a separate set of l'Btc coupons, at the rate of 2.25% per annum from December 25, 1959 to June 1, 1960. bonds maturing in the years 1962 through 1969 (numbered 201 through 1000) shall bear additional interest, representad by a separate set of "B'! coupons, at the rate of 2.25% per annum from December 25, 1959 to June 1, 1961. principal and interest shall be payable at The First National Bank of Saint Paul, in St. Paul, Minnesota, and the Village hereby agrees to pay the reasonable and customary charges of said paying agent for the receipt and disbursement thereof. 7. Said improvement bonds and the interest coupons appurtenant thereto shall be in substantially the following form: 1967 and 1968 701 through 900 3.75% The Both 11/23f 59 i UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN VILLAGE OF EDINA IMPROVEMENT BOND OF 1959 $1,000 NO RNOGT ALLMEN BY THESE PRESENTS that the Village of Edina, a duly organized and existing municipal corporation of the County of Hennepin, State of Minnesota, acknowledges itself to be indebted and for value received prom- ises to pay to bearer the sum of ONE THOUSAND DOLLARS on the 1st day of June, 19-, or on a date prior thereto on which this bond shall have been duly called for redemption as noted below, and to pay interest thereon at the rate - of percent ( "/o> per annum from the date hereof until said principal sum be paid, or until this bond has been duly called for redemption, plus additional interest at the rate of two and twenty-five hundredths per cent (2.25%) per annum from December 25, 1959 to June 1, 19-, such interest being payable seaannually on June 1 and December 1 of each year, and interest to maturity being represented by and payable in accordance with and upon presentation and surrender of the interest coupons appurtenant hereto, which are in two sets, one representing interest at the basic rate above set forth from date of issue to the maturit-y hereof and the other set, designated as rrBit coupons, representing interest at the additional rate for the period above setj forth. Both principal and interest are payable at the First National Bank of Saint Paul, in St. Paul, MinnesOta, in any coin or currency of the United States of America which on the respective dates of payment is legal tender for public and private debts. full payment of such principal and interest as the same respectively become due the full faith, credit and taxing powers oE the Village are hereby ir- revocably pledged. This bond is one of an issue in the aggregate principal amount of $1,000,000, all of like date and tenor except as to serial number, interest rate, maturity and redemption privilege, all issued for the purpose of defray- ing expenses incurred and to be incurred in constructing necessary local im- provements heretofore duly ordered and contracted to be made in accordance with the provisions of Minnesota Statutes, Chapter 429, and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minne- sota thereunto enabling, and pursuant to resolutions duly adopted by the Vil- lage Council. demption Fund of said Village, to which fund there have been irrevocably appropriated taxes and special assessments levied and to be levied in respect of the improvements financed by said issue, but the Village Council is required to pay the same out of any fund of the Village in the event that the assess- ments collected at any time are insuQficient to meet the payment of maturing principal and interest. are not subject to redemption prior to maturity, but those numbered 101 through 1,000 (maturing in the years 1961 through 1969) are each subject-to redemption and prepayment at the option of the Village, at par and accrued interest and in order of their serial numbers,.on the 1st day of June or the 1st day of December immediately preceding their respective stated maturity dates. less than th-irty days prior to the date specified for redemption of any of said bonds the Village will mail notice of the call thereof to the holder if known, and to the bank at which principal and interest are then payable. Holders of prepayable bonds desiring to receive such notice may register their names and addresses and the serial numbers of their bonds.with the Vil- lage Treasurer. conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this bond in order to make it a balid and binding general obligation of said Village according to its terms have been done, do exist, have happened and have been performed as so required; that the estimated collections of said special assessments and taxes will be in the years and amounts required to produce sums not less than five per cent (5%) in excess of the amounts required for payment when due of the principal and interest on all bonds of this issue; that additional ad valorem taxes, if needed for the payment of such principal and interest, may be levied upon all taxable property in the Village without limitation as to rate or amount; and that the issuance of this bond did not cause the indebtedness of said Village to exceed any constitutional or statutory limitation. For the prompt and This bond is payable primarily from the Improvement Bond Re- I The bonds of this issue numbered 1 through 100 (maturing in 1960) Not 'IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, ., f1123f.59 993 1 .... -,*_*-,I --1 u.r*- 1 L >\ . *ea-.., "l- .**, *<." %%4%tA&' ,.. IN WITNESS W&Ri3OF the Village of Edina, Hennepin County, Minnesota;? by its Village Council, has caused this bond to be executed in its behhlf byLk -I ' the facsimile signature of its Mayor and the manual signature of the Village ' Manager, and sealed with its official seal, and interest coupons appurtenant hereto to be executed and authenticated by the facsimile signatures oE said officers, 'and has caused this bond to be dated as of December 1, 1959. I (Facsimile signature) Mayor Countersigned: Village Manager ( SEAL) (Form of Coupon) NO On the 1st day of June (December), 19-, the Village of Edina, Hennepin County, Minnesota, will pay to bearer at The First National Bank of Saint Paul, in St. Paul, Minnesota, the sum of DOLLARS lawful money of the United States of America for interest then due on its Improvement Bond of 1959, dated December 1; 1959, No. (Facsimile signature) (Facsimile signature) I Village Manager Mayor (The last two coupons appurtenant to each bond numbered 101 through 1,000 shall also include the phrase: "Unless the bond described below is called for earlier redemption".) 8. Said bonds shall be prepared under the direction of the Village Clerk and shall be executed on behalf of the Village by the facsimile signa- ture of the Mayor, countersigned by the manual signature of the Village Manager, and the corporate seal shall be affixed thereto, and the interest coupons shall be executed and authenticated by the printed, engraved or lithographed facsimile signatures of said Mayor and Village Manager. when .said bonds have been so exe- cuted and authenticated they shall be delivered by the Treasurer to the purchaser thereof upon payment of the purchase price heretofore agreed upon, and said pur- chaser shall not be obliged to see to the application of the purchase price. The-Village Clerk is hereby authorized and dkrected to transmit a certified copy of this resolution to the County Auditor of Hennepin County for certification that the bonds herein authorized have been duly registered. The officers of the Village and the County Auditor of Hennepin * County are hereby authorized and directed to prepare and furnish to the pur- chaser of said bonds and to the attorneys approving the legality of the is- suance thereof qertified copies of all proceedings relating to said bonds and to the financial affairs of the Village, and such other affidavits, certifi- cates and information as may be required to show the facts relating to the legality and marketability of said bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the Village as to the facts recited therein. The motion for the adoption of the foregoing resolution was duly seconded 9. 10. I resolution was declared duly "AUTOMOBILE PAREING" ZONING FOR INSTITUTIONS REFERRED TO PLANNING COMMISSION FOR RECOMMENDATION. Council reviewed Village Attorney Hasselquist's opinion, dated November 20, to the effect that under present terms of Zoning Ordinance argument could be given by b0t.h sides relative to Village jurisdiction over automobile parking for institutions in the Open Development Diskrict, together with his recommendation that ordinance be clarified, now, on this point,Hatter referred to Planning Commission for review and recomendation. ' .. . HOPKINS-EDINA JOINT MEETING ON BOUNDARY AND SEWER SCHEDULED FOR NOVEMBER 30. This meeting, requested by Hopkins, was fentatively scheduled for Monday, November 30, at 4:OO P.M., it being understood that only a three-man quorum of Council could be present. COURT PERSONNEL CHANGES REPORTED: CLERICAL SALARIES POLICY REQUESTED. Gouncil ' reviewed Judge Burris' report of November 23, advising of the resignation of Mr. Stephen Gleason from the position of Court Clerk (salary $312), the promotion of Mrs. Dorothy Frazier from Clerk of Violations Bureau to Court Clerk, and appointment of Miss Kathryn Beard as Clerk of Violations Bureau. Mr. Burris asked that the salary of Miss Beard be established at $275 per month for the balance of 1959, $285 for 1960, for a 40-hour work week; that Mrs. Frazier's salary be established at $262 for remainder of 1959, $275 for 1960, on basis of a 2/3-40 hour work week. He also asked for payment of $73.80 to Mrs. Zona Miller for her services during the time between Mr. Gleason's resignation and Miss Beard's appointment. noted that an additional appropriation of some $2,800 has had to be made to cover Court expenditures in 1959; and it was the unanimous decision of the Council that, in accordance with Council direction to all Department Heads, Judge Burris be advised that, despite Council sympathy with his problems in this growing department, he must arrange to keep Court expenditures within the Budget appropriated therefor-for both the balance of 1959 and all of 1960; also, that personnel relations within the organization would be improved if the salary of the Court Clerk were in line with the hourly rate paid other department secretaries. Council discussed the report at some length. It was ' t UNION MEETIKG ANNOUNCED. at which (unless otherwise directed by Council) he intends to "hold the line" on salaries. per hour for one classification than was heretofore agreed on. Council was unanimous in its decision that there should be no break in salaries already recommended for 1960, Mr. Hyde announced a forthcoming meeting with the Union, He told Council that Bloomington has already agreed to pay 10~ more ENGINEER fiECOMMENDS INCREASE IN ENGINEERING RATES FOR ASSESSENT PROJECTS TO ;cEN PERCENT. Engineering" fees to Village Engineering Department operations, Engineer Zikan filed a detailed report dated this date, comprising four pages and accompanying schedules, and making some six recommendations with regard to the'allocation of engineering fees, the most pertinent being: Pursuant to his November 9th objection against charging "Consulting 1. That at least the largest portion of surveying fee of John Balich Engineering Co. for work done but not assessed be included in the assess- able projects. . 2. That for future projects the costs of additional surveying, tests, soil borings, etc. be included in the costs of the project. engineering fees be increased to 10% (rate now charged, 8%). 3. That a sliding scale for engineering fees not be used, but' that the Protesting that he had not seen the 3hAGER ASKS DELAY IN ACTION ON FXPORT. report--had had no knowledge of its preparation--prior to this presentation, Mr. Hyde asked that Council delay any action until such time as he and Finance Director Dalen had had an opportunity to study it. Mr. Hyde told Council that the presentation comes as a distinct surprise to him inasmuch as it was his opinion that this matter was to have been discussed by Messrs. Zikan and Dalen and himself before it came to Council for consideration. He told Council he sees nothing wrong with the report, that it has been'well prepared and, on this cursory examination, contains many good points, but that he feels Mr. Zikan was wrong in taking this method of approach--that in the interests of orderly council meetings and operations the Manager should be informed in advance by his depart- ment heads concerning all matters to be brought before the Council. Mr. Zikan admitted he should not have submitted the report directly to Council. Finance Director Dalen reported that the State Public Examiners have recommended, time and again, that no service department make a profit--that, without a study it is impossible to tell whether this would be the case, should engineering fees be increased 2%. Some discussion was had on the report, in respect to "consultants vs. full-time village-employed engineers", and action was delayed pending further study and recommendation by the Manager. CLAIMS PAID. List dated November 23: $2,542.50; Liquor Fund, $62,132.09; Construction Fund, $71,914.28; Water Fund, $2,437.86; Sewer Rental Fund, $499.84; Improvement Funds, $1.,207.00--Total, $150,526.98, apd for payment fromGenera1 Fund of $75.00 to Management Infor- mation Service, was seconded by Beim and carried. Dickson's motion, for payment of the following Claims as per Pre- General Fund, $9,793.41; Park & Park Construction Fuqd, A. H. HIATT RESIGNS FROM PLANNING COMMISSION. Mr. A.H. Hiatt's-resignation as a member of the Edina Planning Commission, effective immediately, reason being ill health. the Commission since 1947. adoption: Mayor Bredesen regretfully reported It was noted that Mr. Hiatt has served on Dickson offered the following resolution and moved its I .. 11/23/59 RESOLUTION . ' 3;. AT TIIE RESIGNATION 9 OF ALFRED H: HIATT FROM EDTNA PLANNING COMMISSION WHEREAS, Mr. Alfred H. Hiatt, in his sincere desire to serve his community by promoting long range planning and the orderly development of Edina, has served as a member of the Edina Planning Commission from January 1, 1947 to this date; and WHEREAS, he has been a loyal and-enthusiastic member of this Commission, aiding in formulating its policies and, by his unfailing fairness and his devotion to the good of Edina as a whole, assisting in impartial solutions of the many problems considered by the Connnission in this, the period of Edina's greatest growth; and . ill health: Edina that in reluctan,tly accepting his resignation this Council offer to MR. ALFRED H. HIATT its sincere thanks for his unselfish efforts on behalf of the citizens of Chis Village, and wish him renewed good health and continued WHEREAS, he has now tendered his resignation from these duties because of NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of happiness. I.. Motion for adoption'of the Resolution was were five ayes and no nays, as aye; Tupa, aye; and Bredesen, aye; and the by Kohler, and on Rollcall there 'Village Clerk DAVID J. GRISWOLD APPOINTED TO PLANNING COMMISSION.FOR UNEXPIRED TERM OF A.H.HIATT. Mayor Bredesen offered the name of Mr, David J. Griswold, 6417 Mendelssohn Lane,as an appointee for membership to the.Planning Commission for the unexpired term of Mr. Hiatt (present date to December 31, 1960), which appointment was confirmed by unanimous consent of Council, The evening's agenda's having been covered, Tupa moved for adjournment. seconded by Dickson and carried. Motion Adjournment at 9:25 P,M. Village Clerk MINUTES OF THE REGULAR MEETING OF THE * EDINA VILLAGE COUNCIL, HELD MONDAY, DECEMBER 14, 1959, AT 7:OO P.M., AT THE EDINA VILLAGE HALL. Members answering Rollcall were Beim, Tup'a and Bredesen. the meeting at a later time, as recorded in these mixiutes. MINUTES of the Regular Meetings of November 9 and 23, 1959, were approved as .r submitted, by Motion Tupa, seconded by Beim and carried. Trustee Kohler entered -- 'L. ' PUBLIC HEARING ON PETITION OF OGDAHL AND POPPE FOR REZONING FROM "OPEN DEVELOPMENT DISTRICT" TO MULTIPLE RESIDENCE DISTRICT" THAT PORTION OF OUTLOTS 2, 3 AND 4, TOWN REALTY COMPANY'S EDINA TERRACE LYING SOUTH OF CROSSTOWN HIGHWAY. Affidavits of PublicatSon, 'Posting and Mailing of "Notice of Public Hearing" were pres,ented by Clerk. It was duly noted that said notice did not specify that the only portion of Outlots 2, 3 and 4 proposed to be rezoned for'multiple dwellings was that' portion south of crosstown highway; and Mayor Bredesen so informed the audience. Objections to the proposed rezoning were registered by Messrs. Gardner, 6108 Zenith Avenue, Leonard L. Corlett, 6116 Zenith, Robert R. Chapman, 6117 Zenith, L. Lande, '6112 Zenith and W.M. Witz, 6120 Zenith, who complained that this action would: 1. Change the character of the neighborhood; 2. Lower property values; put a large number of people into a small area, and pour ink0 the area a different element of people-those who would naturally gravitate into apartments; off their view of Southdale Shopping Centerd Messrs. Duaine Killam, 6109 York, and Richard Ham, 6116 York, stated they simply ao not want apartment buildings in this area.. to the South is already zoned for multiple dwellings; that the crosstown highway will be a buffer between apartment zoning and residential zoning; that highway right-of-way is expected to be 200 feet wide; that Planning Commission took this into consideration in recommending the rezoning of this comparatively small tract. 3. Cut It was pointed out to these objectors that the property immediately