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MITNUTES OF THE RJXU~ NXETXNG OF THE ED~NA
VILLAGE COUNkCif HIILD MONDAY, FEBRUARY 8, 1960,
AT 7 :00 P.M. , AT THE: EDINA VTLUGE HALL
Members answering Rollcall were Beim, Dickson, Kohler, Tupa and Bredesen.
MINUTES of the Regular Meeting of January 25, 1960 were approved as submitted, by
motion Dickson, seconded by Kohler and carried.
PUBLIC HEARING ON PROPOSED WATERMAIN IN HALIFAX LANE FROMl4.54TH ST. TO 320 FT. SOUTH.
Affidavits of Publication and of Nailing of "Notice of 'Public Hearing", publication
having been made in Edina-Norningside Courier January 28 and February 4, 1960, were
submitted, approved as to form and ordered placed on file; and pursuant to said Notice
public hearing was conducted on the above-named proposed improvement.
Cost was read at $4,149.53, proposed to be assessed against seven tracts in
Southridge Addition, comprising ten lots, for $592.79 per tract. Mr. Nat 14. Johnson,
5412 Halifax Lane, stating he his representing himself and 3/4 of Southridge Addn.,
objected to being assessed for the improvement, now. He suggested that, inasmuch
as none of the abutting properties will benefit immediately from the improvement,
owners be given the privilege of having their assessments deferred until such time
as they actually make connection.
Halifax Lane south of Southridge Addition are getting very poor water because of
the dead-end main, here. Mr. Benson, 5441, told Council that for days at a time
the water can be neither drunk nor used for washing--that he had a $12.00 bill for
Glenwood water last month because his family cannot drink the village water. Mayor
Bredesen told the objecting group that the Council has found "deferred" connection
charges to troublesome; that, if Council should consider this matter of assessment,
property owners should understand that, in addition to the principal amount for the
cost of the main, property owners would be obligated to pay interest from time of
construction to time of connection--and property owners tentatively agreed to this--
Messrs. Johnson, Burdick and Lijsing being at the meeting. Elr. Lijsing told Council
that he requested a watermain extension in 1955, when he built his home; that he
could not get it, then, and was obligated to iiig'a well for some $600; that a
connection to the main, now, would cost him an additional $100 because his property
has been landscaped. Mr. Johnson told Council that he feels his neighbors to the
south do have a serious problem, and that his group is not objecting to the
improvement--that they are objecting only to being assessed at this time. Some
further discussion was had on methods of financing, and Kohler moved that Hearing
be continued to next regular meeting, February 29, for further investigation on
the financing of the improvement. Mr. Dickson, saying the Council is well aware
that the improvement should be made in the interests of providing good water,
seconded Kohler's motion, and it carried.
Estimate of I
It was reported that the property owners on
STREET LIGHTS REQUESTED FOR HALIFAX LANE. Mr. Benson, 5441 Halifax Lane, requested
street lights for the street. Upon being told that lights for Halifax Lane at W.54th
St. and at Voodland Circle have been approved by Northern States Power for installation
in 1960, he asked for another installation at W.55th street extended, saying he will
be glad to have it at his lot. He was asked to write the Council for the light, so
that request might be forward to Northern States Power Company.
PUBLIC REARING ON PETITION FOR PERMIT TO MOVE DWELLING FROM 6301 SHERVOOD AVE. TO
5924 HANSEN ROAD. Planning Director Hite presented Affidavit of Mailing of "Notice
of Hearing", which was approved as to form and ordered placed on file. Pursuant to
said notice, public hearing was conducted on the above entitled matter, and the
'following action taken. Hr. Hite explained to C*ouncil that the house under
consideration was that house which had been proposed at the last meeting for moving
to 6217 Ryan Ave.; that owner Hustad had since sold the house to Mr. McGrath, present
tonight. Mr. R. J. Fishaw, 5917 Hansen Road, representing a delegation of bbjecting
neighbors, presented a summary of objections, in photograph form, showing surrounding
homes, the house proposed to be moved, and the lot on which it is proposed to be
moved. He stated this house would be out of place in the neighborhood, that the
lot would have to be filled before house could be located there, and that house
would then be taller than surrounding homes.
"legislate aesthktically"; that a new home of exactly these proportions could be
constructed on this particular lot, with no legal means of preventing construction.
Mr. Fishaw stated that neighbors also object on the grounds that they were not
approached by Mr. McGrath prior to this hearing.
omission, stating he believed this had been done by his agent--that he does not
want to be part of a neighborhood feud, and will be most happy to discuss his
plans with the neighbors.
discussion on the matter, but, after explanation by the Council that it can require
a bond to insure improvements in accordance with plans, they did agree to talk with
Mr. McGrath, Nr. Fishaw asking that a definite improvement plan be presented to
the Council and that bond be based thereon.
by motion Beim, seconded by Kohler and carried.
Council explained that it cannot u Nr. McGrath apologized for this
Neighbors were somewhat reluctant to enter into any
Hearing continued to Monday, February 29,
2/8/60 ' 3.11 4s ,. .
COUNCIL SCHEDULES PUBLIC HEARING AND BIDS ON TREE TRIMMING IN COUNTRY CLUB AREA;;*< 1
AREA SOUTH OF 50TH ST, HALIFAX TO BRUCE PLACE, AND AREA BETWEEN 58TH AND 60TH STS.
AND BETWEEN YORK AND BEARD AVES. Parks Director French recommended the trimming
and pruning, this year, of boulevard trees in the above described areas, these tiees
being old and in need of pruning for their preservation. Mr. French asked that he
be authorized to take bids on this improvement, on both "immediate" and "deferred"
completion dates, to get as good a price as possible. Some discussion was had on
method of assessment, and it was thought that all lots in the areas proposed to be
improved should be assessed, because of the'benefit to the general neighborhood.
Tupa's motion, that Council conduct a public hearing on the proposed tree trimming
improvement, and take bids for same in line with Mr. French's recommendations, both
on Monday, &i@fuaryr 29, was seconded by Kohler and unanimously carried.
WATER WELL NO. 4 REPAIRS BIDS TABLED FOR FURTHER STUDY. Mr. Allen Locke, acting
.in Manager Hyde's absence from meeting, presented Tabulation of Bids taken today
on repairs for Water Well No. 4, three bids having been received this morning--
Tri-State Drilling Co., being low bidder at $4,500 but refusing to give the two-
year guarantee required by the specifications; Bergerson-Caswell, second low, at
$7,300 plus $30 per cu.yd. for replacement gravel; and Keys Well Drilling Co.
high bidder at $7,995 plus $40 per cu.yd. for gravel. Mr. Locke reported Mr.
Hyde's request that award of bids be tabled pending further study, and it was
so ordered, action being tabled to February 29,
CASH REGISTER PURCHASED FOR LIQUOR STORE. Mr. Locke reported receipt of only one
bid in answer to advertisement for bids for a Cash Register--that of National Cash
Register Company, at $1,605.00, less Trade-In Allowance on Model 116084 (1948) for
a Net Bid of $1,186.00.
inasmuch as it is 12 years old and is worn out.
bid be accepted, and Tupa so moved.
UNDER-SIZED LOTS IN BROOKVIEW HEIGHTS ADDITIONS DECLARED "LEGAL LOTS".
Peterson, owner of a lot in Brookview Heights, explained that he cannot give clear
title to his lot because of a provision in the zoning ordinance which requires that
no lot be of less than 75-foot frontage.
preliminary plat for the over-all Brookview Heights development had been presented
before the lot requirements had been changed by Ordinance; that plats had subse-
quently been approved by Council because they agreed with approved preliminary;
that there are now some 60-F lots in the development which contain less than the
75-foot frontage requirement of .the present ordinance. He recommended that the
Council adopt a blanket resolution declaring these lots "legal tracts", and Beim
offered the following Resolution and moved its adoption:
RESOLUTION DECLARING CERTAIN LOTS IN
BROOKVIEW HEIGHTS FIRST AND SECOND
ADDITIONS "LEGAL LOTS", AND WAIVING
FRONTAGE REQUIREMENTS OF ORDINANCE
It was reported that this is a good traderdm allowance
It was recommended that this
Motion seconded by Beim and carried.
Mr. Henry
It was explained by Mr. Hite that the
NO. 261
WHEREAS, the Council of ehe Village of Edina, Minnesota, has approved for
record the plats of Brookview Heights First Addition and Brookview Heights Second
Addition; and
footage requirements of the Village Zoning Ordinance, No. 261 (Section 3, Paragrpph
4, Subsection (a) (1)); and
WHEREAS, meeting the front foatage requirements of said Ordinance No. 261
would cause undue hardship to the owners of said lots:
NOW, THEREFORE, BE IT RESOLVER by the Village Council of the Yillage dfir.Edina
that the provision of Ordinance No. 261 which requires a front footage of not less
than 75 feet for interior lots and 80 feet for comer lots.(Section 3, Paragraph 4,
Subsection (a) (l)), shall be, and hereby is, waived for the following described
lots :
BROOKVIEW JBIGHTS FIRST ADDITION - Lots 2,3,4,11,12,13 and 14, Block 1; Lots
2,3,4 and 5, Block 2; Lots 5, 6 and 7, Block 3; Lots 11,12,13,14,24,25,26,27,39,
40,4l,and 42, Block 4; Lots 2,3,4 and 5, Block 6; Lots 8 and 10, Block 7; Lots 1,
8,9,10,11,12,13,14,15,16,17 and 18, Block 8.
Lots 6 and 7, Block 5; Lots 1, 2 and 4, Block 6; and Lots 2, 10, 11, 12, 13, 18 and
19, Block 21
and said lots are hereby approved as separate parcels of land.
TGJXREAS, certain specified lots in said two plats do not meet the front
BROOKVIEW HEIGHTS SECOND ADDITION - Lots 6 and 7, Block 1; Iiot 12, Block 4;
.. 8 .$ 9 1- 2JS/60* . -.. , , --I-
hler, and on Rollcall there
22
Motion for adoption of Resolution was seconded
were five ayes and no nays, as follows: Bei Dickson, aye; Kohler, aye;
aye; and Bredesen, aye; and the Reso
"CAR 'WASH" ORDINANCE HEARING SCHEDULED.
Zoning Ordinance was reviewed and briefly discussed, and Kohler moved that Public
Hearing on same be scheduled for February 29.
carried.
This proposed amendment to the Village
Motion seconded by Tupa and
COUNCIL ADOPTS "ORDINANCE CREATING AND ESTABLISHIKG FIRE ZONES". Ordinance No. 117
was publicly read and briefly reviewed, and Dickson offered the Ordinance for its
adoption, moving that Council dispense with second reading and adopt Ordinance as
read, as follows:
ORDINANCE NO. 117
AN ORDINANCE CREATIKG AND
VILLAGE ESTABLISHING FIRE ZONES
Section 1.
THE LOUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Fire Zones Established.
51A (Building Code) and 113 (Burning of Trash and Garbage), the Village is hereby
divided into Fire Zones Nos. 2 and 3 as described in the Uniform Building Code in
its adopted form.
Village zoned as Multiple Residence District, Community Store District, Commeri5al
District, Regional Shopping District, Regional Medical District, and Office Building
District.
zoned as Automobile Parking District and Open Development District.
publication.
3fotion for waiver of second reading and adoption of Ordinance as read was seconded
For the purposes of Village Ordinances Nos.
The boundaries of Fire Zone No. 2 shall include all areas or' the
The boundaries of Fire Zone No. 3 shall include all areas of the Village
Section 2. This ordinance shall take effect immediately upon its passage and
by Tupa, and on Rollcall there were five Beim, aye;
Dickson, aye; Kohler, aye; Tupa, aye; and
adopted. I
TUSH BURNIXG ORDINANCE fiENDED. In connection with the "Fire Zones" ordinance
just adopted, some discussion was had as to an amendment to the trash burning
ordinance, as advocated by the Village Attorney; and Dickson offered the following
Ordinance, moving that Council dispense with second reading and adopt Ordinance
as submitted, as f01~0wS:
ORDINANCE NO. 113-2
AN ORDINANCE AMENDING ORDINANCE NO. 113 OF
BURNING OF TRASH AND GARBAGE
I THE VILLAGE OF EDINA, RELATING TO THE
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
nance Relating to the Burning of Trash and Garbage", as heretofore amended, is hereby
further amended to read as fo~~ows:
described in Section 3 of this ordinance may be burned in fire zone No. 2 except in
an approved type of incinerator as recommended by the National Board of Fire Under-
writers in their Standard No. 82 for Incinerators, October, 1953, three copies of
said standard having been filed for use and examination of the public in the office
of the Village Clerk."
further amended to read as follows:
described in Section 3 of this ordinance may be.burned in fire zone No. 3 of the
Village, if under the constant supervision of an adult person, between the hours
of 12 noon and 8 P.M. except Monday, on which day no such burning shall be permitted
at any time, provided that if such refuse consists of materials other than leaves,
straw and grass it shall b.e bu&ed in a burner constructed according to specifications
contained in Section 4 of this ordinance or in a burner constructed of wire or
similar*metal construction. If constructed of wire, the burner shal1,be of not less
than No. 9 gauge wire with a mesh not greater than two inches by four inches and
strengthened by three or more one inch by one-quarter inch hoops at the top and
bottom. ProvPded, however, that such refuse or material shall not be burned
within twenty feet of any building, structure or flammable material nor within
ten feet of any fence, partition or neighboring property line."
publication.
Section 1. Section 4 of Ordinance No. 113 of the Village, entitled lrAn Ordi-
"Section 4. Trash Burning in Fire Zone No. 2. No refuse or material such as
Section 2. Section 5 of said Ordinance No. 113 as heretofore amended, is hereby
"Section 5. Trash Burning in Fire Zone No. 3. Any of the refuse or material
Section 3. This ordinance shall take effect immediately upon its passage and
I ,,* b I * 1 12/8/60 I,
ATTORNEY GENERAL' s OPIN~ON IRE 1 "PAYMENT OP'VILLAGE: SHARE' OF IMPROVGMENTS FOR
was furnished with copies for study and reference.
Pj&I<S, dated January 28, 1960, was submitted and ordered placed on file. Counci
.3
(I COUNCIL AMENDS RESOLUTION OF JANUARY 25, DECLARING 5101 WINDSOR A "LEGAL" LOT.
Pursuant to action taken January 25, relative to petition of Mr. R. L. Schaub,
5101 TJindsor Avenue for declaration by Council that the premises at 5101 Windsor
constitute a legal lot under ordinance, it was reported that a portion of the
original lot had been deeded to the Village as an easement for street purposes;
that this dedication had not been taken into consideration in describing the
property. Council reviewed Mr. Hasselquist's letter asking that the resolution
be amended to give the correct legal description of.the property after dedication;
and Kohler offered the following Resolution and moved its adoption:
RESOLUTION APPROVING SUBDIVISION
OF LOTS
WHEREAS, petition has been presented for Council approval of action taken
some years ago to subdivide Lots 1 and 2, Block 3, Westchester Knolls Addition
into the following described tracts:
1. "That part of Lot 1 lying Southeasterly of a line running from
a point in the Northeasterly line of said Lot Distant 20 Feet
Southeasterly from the Northwesterly Corner.thereof to a point
in the South line of said Lot distant five Feet East from the
Southwest Corner thereof except that part of Lot 1 conveyed to
the Village of Edina for street purposes by Deed, Document No.
2839877, recorded in Book 1996 of Deeds,.page 434" (Parcel 4110,
Plat 77800)
and
running from a point in the Northeasterly Line of said Lot
Distant 20 Feet Southeasterly from the Northwesterly Corner
thereof to a point in the South line of said Lot Distant five
Feet East from the Southwest Corner thereof" (Parcel 4140,
2. "Lot 2 and that part of Lot 1 lying Northwesterly of a line
Plat 77800)
AND, WHEREAS, both of the above-described tracts are of a legal size for
platted lots : . NOW, THEREFORE, EE IT RESOLVED, that insofar as the above described tracts
are concerned, the provisions of the Village.ordinance covering subdivisions, as
recorded in Document No. 2745385, Office of Register of Deeds, Hennepin County,
Minnesota, be, and they hereby are, waived, and the above described premises are
approved as separate parcels of land.
Motion for adoption of Resolution was
were five ayes and,no nays, as
Tupa, aye; and Bredesen, aye;
Dickson, and on Rollcall there
; Dickson, aye; Kohler, aye;
Mayor
Village Clerk
APPRAISERS' ATJARD FOR LAND CONDEMNED FOR STORM BASIN ACCEPTED. Nr. Hite reported
that the appraisers have awarded Mr. Robert Gavin an amount of $2,000 for the
one acre the Village is condemning for storm basin for the Larkspur Lane Storm
Sewer; that this is somewhat higher than was expected, but that it is recommended
that the Village accept. Motion seconded by Beim and carried. Tupa so moved.
IRON REMOVAL PLANT INSPECTION TO BE MONDAY, FEBRUARY 15. After some discussion
on the proposed trip for inspection of various types of iron removal plants now
in operation in surrounding communities, it was decided that Trustees Beim and
Tupa would make this trip, together with such administrative as Manager Hyde
might designate; that trip would be Monday, February 15.
ELECTION PROCEDURES DISCUSSED. Clerk reported to Council that, although there
had been some tentative plans to divide Voting Districts,Nos. 4 and 5 this year,
administrative officials- had thought it better to delay until the Crosstown
Highway becomes a reality, making this the South boundary of District No. 4.
Also, it was suggested that the "Citizens Advisory Committee on Election
Procedures" be re-activated, to work with the School on definite arrangements
for polling places, and this suggestion was agreeable to Council.
ANNUAL REPORT MAELING REFERRED TO MANAGER FOR FURTHER STUDY.
Dalen presented plan of mailing to be sent the last of April to all Village
residents--including homestead blank, swimming pool registration brochure,
new village map, and annual report, in a folder; mailing to cost approximately
$1,500.
but Council felt that this would be difficult and would probably secure
insufficient funds to make it worthwhile.
be in the market for bonds and that the village will probably sell bonds again
this year, Mr. Dalen then suggested that the proposed annual report be extended
Finance Director
He suggested that ads be sold for the folder, to help defray the cost,
.
Stating that the school will soon
2/8/60
J to include a sunuuary of activities during the past five years, and a projection of
plans for the next five; that the School Board be invited to make a like report to
be included in the mailing, both reports to be used later, in publicizing bond
issued; and.that the School be asked to participate in the costs.
to contact the School Board in this regard, to see what can be done.
laid over until next regular meeting for report as to the School's wishes.
liayor directed
Matter
DUNDEE ROAD PETITION PROTESTIKG STREET LIGHT REFERRED TO POLICE DEPARTMENT FOR
RECOMMENDATION. Petition protesting installation of street light at corner of
Dundee Road and Ayrshire Blvd. was presented to Council for action.
reported that he has approved installation in accordance with Council's recent
approval of Northern States Power Company's "Street Lighting Program for 1960";
that if Council does not want to approve light NSP should know immediately.
Discussion on policy was had, as hereinafter recorded, and petition was referred
to the Police Department for its recommendation, understanding being that, should
Department recommend favorably, light would be installed.
Engineer Zikan
STREET LIGHT COMPLAINT PROCEDURE ESTABLISHED.
petition, reports were made to the Council that administrative personnel constantly
receives complaints from persons who object to installation of proposed street
lights; that, in many cases these complaints are from owners of corner lots who
do not want the poles on their particular corners but would be agreeable to them
on any of the other three corners.
Council on this problem relative to the standards of public safety, Engineer
Zikan reporting that all the best planning procedures require that all intersections
be lighted. It was decided by common consent of Council that, upon receipt of a
complaint against installation of light, the matter should be referred to the Police
Department for investigation and a recommendation as to the need for a light at
this intersection; that, should Police Department recommend installation, the
light be installediwithout further action by Council.
During discussion on the above
Some considerable discussion was had by
CLAIMS PAID. Motion by Tupa, for payment of the following Claims as per Pre-List
dated February 8, 1960, ~7as seconded by Dickson and
General Fund $22,655.75
Construction Fund 1,300 .OO
Park, Park Const. &
Park Sinking Funds 22,545.24
Waterworks Fund
The evening's agenda's
seconded by Kohler and
28,186.88
having been covered, Dickson
carried :
Liquor Fund $30,503.39
Sewer Rental Funds 477.97
Improvement Funds 609,771.40
Poor & PIR Funds 175.32
TOTAL $715,615.95 I moved for adjournment. Motion
carried. Meeting adjournp3)at 8:50 P.M.
Village Clerk