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HomeMy WebLinkAbout19600509_regularm 5/9/60 14INUTES OF THF, kEGULk MEETING OF THE RD'rNA VILLAGE C6UNCIL, HELb MONbAY, MAY 9, 1960 AT TEtE EDXNA VILLAGE Y.iALL, AT 7f00 P.M. 69 * .. ci Rollcall was answered by Beim, Diclcson, Kohler, Tupa and Bredesen. RED CROSS "CERTIFICATE OF MERIT" PRESENTED TO EDINA OFFICER. Mr. John B. -Faegre, Jr. of the Board of Governors of the American Red Cross presented Edina Patrolman David Blood with the Red Cross Certificate of Nerit--highest award given by the Red Cross and the only a~ard signed by the President of the United States--for E-fr. Blood's efforts in saving the lives of Hr. and Mrs. John Prescott, 6414 Belmore Lane. The Prescotts had been overcome by fumes. MINUTES of Council Meetings of April 11, 20, 21 and 25, 1960, were approved as submitted, by motion Beim, seconded by Kohler and carried. PUBLIC MARINGS ON PROPOSED IMPROVEMENTS. in Edina-Norningside Courier April 28 and May 5, 1960, of "Notice of Public Bearings", Clerk presented Affidavit of Publication which affidavit ~7as approved as to form and ordered placed on file. said Notice, the following Public Hearings were conducted, and action t7as taken as hereinafter recorded. Pursuant to 1. PUBLIC H 1A CONSIDERATION OF PETITION FILED APRIL 28 AGAIN TO _. VALLEY VIEW ROAD, AND 1B INFORWG PUBLIC HEARING ON CURB AND GUTTER AND BITUMINOUS SURFACE TREAT- MENT IN TlY" AVENUE FROM b7.62ND STREET TO MADDOX LANE. out to Council that the formal Public Hearing being held tonight on the Maddox Lane project is in response to an expression of opinion for such an improvement, made April 20. $7.15 per Assessable Foot; that, based on bids taken April 20 on like projects, the Estimate would be reduced to $5.85 per Assessable Foot. Edwards, i'5225, Rulces, #5221, and Thompson, #5224, expressed themselves as being in favor of the project and wanting to see it expedited in order that the street might be improved just as soon as possible. Mr. Wallace Larson, 45232, objected on grounds that he does not wish to pay for the improvement at this time, when other assessments are still heavy; and Mr. Henshaw, V5228, objected on the grounds that traffic will be routed onto Maddox Lane when the Crosstotm Highway is being constructed; that he doesn't wish to have money spent at this time for the improvement. As to the informal public hearing on tne @man Avenue pxoJec13, CLerlc reported mar, or rhe rive LOCS proposed io be assessed,.two owners are for the project and three are objecting, in response to a letter of inquiry sent out by the Village oftice. Mr. B. A. Banks, 6208 Wyman Avenue, stated that he opposes this project only if Maddox Lane from Wyman to Mildred-is not improved. Street to Valley View Road, which improvement had been ordered in by the Council at the meeting of April 20, pursuant to a new petition filed with the Clerk after April 20, carrying a majority sentiment apainst thewproject. #6212 Nildred, and M. B. Elliott, 16209 Mildred, supported this objecting petition. Mr. Elliott stated he would like to see concrete paving rather than the presently proposed improvement. improvements and Council has rejected them, the same people have come back to Council within two years to ask for the improvements--and costs are then invariably higher than when first proposed, Trustee Diclcson offered the following Resolution and moved its adoption: These three proposed improvements were discussed together. It was pointed Estimate of Cost on this project was given as $5,612.72, for Messrs. Kramer,#5216, Some discussion was then had on the improvement of Mildred Avenue from W.62nd Messrs. G.P. Bailey, Stating that in many cases where property owners have been opposed to RESOLUTION ORDERING IMPROVEMNT STREET IfilPROVEMENl' NO. BA-15 BE IT RESOLVED by the Council of the Village of Edina, Ninnesota, that this Council heretofore caused notice of hearing to be duly published on the proposed improvement of MADDOX LANE BETWEEN 1JYMfU. MD MILDRED AVENUES BY CONSTRUCTION OF CONCW'fE CURB AND GUTTER AiW BITUMINOUS SURFACE TREA'DIENI' I'MREIN, and at the hearing held at the time and place specified in said notice the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed t7ith the construction of said improvement; that said improve- ment is hereby designated and shall be referred to in all subsequent proceedings? as STREET IMPROVEMENT NO. BA-15; and the area to be specially assessed therefor k shall include all lots and tracts of land abutting the street proposed to-be improved. Motion €or adoption of the Resolution ~7as seconded by Beim, and on Rollcall there were five ayes and no nays, as follows Tupa, aye; and Bredesen, aye; and the Re village Clerk 5/9/60 Dickson then moved, scheduling formal Public Hearing on proposed Curb and Gutter and Bituminous Surface Treatment in tfyman Avenue from W.62nd St. to liaddox Lane for Konday, 3Iay 23. No action was taken by Council on protesting petition for Mildred Avenue from 17. 62nd St.. to Valley View Road; thus, project was allowed to stand approved. 1-lotion seconded by Beim and unanimously carried. 't 2. PUBLIC WFAFSNG ON PROPOSED CURB AND GUTmR BITUMINOUS SURFACE TREAT- MENT IN MARK TERRACE DRIVE FRO11 VALLEY VIEW ROAD TO CUL-DE-SAC. Estimated Cost on this project was given as $9,105.94, for $6.69 per Assessable Foot. Audience y7as informed that, based on bids taken April 20th on like projects, Estimate should be reduced to $5.55 per Assessable Foot. as being in favor of the project; asked if Engineer had checked with County about a culvert at corner of Valley View. be to put in a "valley" with rye grass at the gutter line. Hr. Beedee, #6920, stating that his driveway may be used by Village equipment as a %nn-around", asked that the street be kept at its 30-foot width. intent be sub~tted to the Village by Nr. Beedee for record. to the improvement registered at the meeting, and no vritten objections had been received prior thereto. Mr. A1 Sedgwick, #6905, expressed himself Engineer replied that his reconnuendation would I Council asked that a letter of There mere no objections Tupa offered the following Resolution and moved its adoption: RESOLUTION ORDERING IZ-PROVEBBNT STREET IUPROVl34ENT NO. BkE BE IT RESOLVED by the Council of the Village of Edina, IEnnesota, that this Council heretofore caused notice of hearing to be duly published on the proposed improvement CURB AND GUTTER AND BITUIXCNOUS SURFACE TREAQBNT THEREIN, and at the hearing held at the time and place specified in said notice the Councj.1 has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed ~7ith the construction of said improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as STREET IIPROVEMENT NO. BA-15; and the area to be specially assessed therefor shall include all lots and tracts of land abutting the street proposed to be improved. Hotion for adoption of the Resolution was seconded were five ayes and no nays, as follot7s: Beim, a and Bredesen, aye; and the Resolution 17 Of 1-IARR TERRACE DRIVE FR0i.I VALLEY VIEW ROAD TO CUL-DE-SAC BY CONSTRUCTION OF CO1;ICRETE llcall there * 3. PUBLIC HEARIEG ON PROPOSED CURT3 AND GUTTER AND BLI;CULlINOUS SURFACE TEAT"T IN IQ7IXG AVENUE FRO24 W.63RD STR3ET TO 17.64TH STREET. proposed project was given as $6,561.96, for $7.18 per Assessable Foot; or, based on bids of April 20th on like jobs, $5.96 per Assessable Foot. #6313, told Council that property owners are all in accord on the project; just ~7anf: to know when it will be finished. the floor, and none had been received prior thereto. project was seconded by Tupa and unanimously carried. "(See Resolution of later in meeting Ordering Improvemznt). Estimate of Cost on this Mr? J, T. Smith, There were no objections registered from Beim's motion approving AND BITUMINOUS SURFACE TWADENT 4. PUBLIC HEARING ON PROPOSED CURB AND GUTTEFdIN CHANTREY ROAD FRO31 AYRSHIRE BLVD. TO HIGHtIAY. #169. Assessable Foot, or, at estimate as revised after April 20th receipt of bids on like projects., $5.64 per Assessable Foot. the Hearing and none had been received prior thereto. project was seconded by Beim and unanimously carried. meeting Ordering Improvement). Estimate of Cost ~7as given at $14,390.19, for $6.79 per There were no objections registered at Kohler's motion approving (See Resolution of later in 5. PUBLIC HEARING ON PROPOSED CURB AND GUTTER AND BITWINOUS SURFACE TREATfENT IN DUNBERRY LANE FROIl CORNELIA DRIVE TO THE WEST LINE OF SOUTHDALE THID ADDITIOX. Estimate of Cost ~7as given at $10,938.83, for $7.53 per Assessable Foot; or, Estimate Revised as per April 20th bids on like jobs, $6.25 per Assessable Foot. Two property owners, who had asked at a previous meeting to see profiles of the street, were present and examined said profiles. There were no objections to the iqrovemznt registered from the floor, and none had been received prior thereto. (Dickson's motion approving project was seconded by ICohLer and unanimously carried. Resolution of later in meeting Ordering Improvement) (See 6. CONTINUATION OF APRIL 21ST PUBLIC HEARIKG ON PROPOSED BLACKTOPPING OF 17.49TH STRJBT FRO14 17ESTBROOK LANE TO PW7ANA LANE. This Ilearing had been continued for a study by the Engineering Department on costs of improvemznt from Brookside to IEghway No. 169. Engineer's Estimate on this newly proposed projece ~7as $5.97 per Assessable Foot as against the $4.96 Engineer told audience that Fncrease assessable footage. When queried as its abutting footage between Pukwana I. . - - .. quoted previously for tZie original project . in cost was due to amount of "dead" non- to whether 3N&S Railroad could be assessed for Lane and Brookside Avenue, Attorney Hasselquist 7% 5/9/60 told Council that there is a District Court case now pending on just this type of assessment; but that in his opinion the Railroad could be set to have benefited by such an improvement. it is not proper procedure to ask resideats to pay the full cost; and Zuljl;a, moved scheduling Public Hearing on the proposed Bituminous Surface Treatment of W. 49th Street from Brookside Avenue to Hwy.#169 for 14onday, May 23.' Motion seconded by Beim and unanimously carried, . Mr. Anderson, 4840 Westbrook Lane, told Council he^ feels 6. PUBLIC NEARING ON PROPOSED GRADING AND GRAVELING OF DALE: AVE. FROM GROVE STREET TO BENTON AVE. AND GROVE ST. FROM THk EAST LOT LINE OF LOT 7 HELODY KNOLLS 6TH ADDITION TO 350 FEET WEST. $8,431.27, for $4.78 per Assessable Foot. Hrs. Farrington, #5804 Dale Ave.. ' BLOCK 2, Estimate of Cost was given as - . objected to paying an assessment €or the improvement. the Farringtons had put the street in from Grove Street to the south end of their lot at their own expense. It was pointed out, however, that this is not a full- width street ahd has not been gravelled according to Village specifications, Asked whether the Village will save any money because of the work done by the Farringtons, Engineer Zikan replied that this is doubtful--that it may even be more expensive than to start new. be checked in the field; chat if there is any credit coming for previous work- the Farringtons be given such credit. Wayne Peterson, owner of Lots 7 and 8, asked that project be expedited. There were no other objections registered from the floor, and none had been received prior to the Hearing. Adop t ion : She-told Council that Manager Hyde suggested that the matter This last was agreeable to Council. Blr. Beim offered the following Resolution and moved its RESOF;UTIOM UlU3,KENG lMPKOV&MNTS SI'I3Ab.C 1P&KUVEWN'I'Y dA-17, 18, 19, AND c-81 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearings to be duly published on the follow- ing proposed improvements, and at the hearings held at the time and place specified in said notice the Council has duly con'sidered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvements; that said improvements are hereby designated and shall be referred to in all subsequent proceedings as follows : CONSTKUCI'LOH UF CONCWXE CUM AND GUTTER hb NAME OF L'ritkCiVSMlCNT ljLTU&llNOUS SUKFACE TREATMENT. IN : Ewing Avenue from W.63rd Street to W.64th Street STME'I' IMPROVEXENT NO. BA-17 Chantrey Road from Ayrshire Blvd. to Hwy.#169 STREET IMPROVEXENT NO. BA-18 Dunberry Lane from Comelta Drive to the West Line of Southdale Third Addition STREET IMPROVEMENT NO. BA-19 Street to Benton Ave. and Grove St. from the East Lot Line of Lot 7, Block 2, Melody Knolls 6th Addition to 350 Feet West STREET IMPROVEMENT NO. C-81 and the areas to be specially assessed therefor shall include all lots and tracts of land abutting the respective streets proposed to be'improved. Motion for adoption of the Resolution k7as seconded by Tupa, and on*Rollcall there were five ayes and no nays, as follows: Be Dickson, aye; Kohler, aye; GRADING AND GRAVELING OF Dale Ave. from Grove aye; and Bredesen, aye; and the Reso COUNCIL ACTION ON BIDS TAKEN TODAY. Manager and Engineer presented Tabulations of the various bids taken today in response to advertisements published therefor in the Edina-Morningside Courier and Construction Bulletin, and Council acted thereon as hereinafter recorded. ,receipt of two bids--that of Risgaard Contracting Company, St. Paul, at $4,675.00 on base bid "epoxy" coating, with no b?d on the alternate, rubber base paint; and MacPherson-Towne Company, Minneapolis, at $4,100 on the base, $3,125. on the alternate. Because of the time involved in preparation for painting, and because bids are above estimate, Manager reconmended rejection of bot'r; bids, looking toward re-advertising later for this work to be done immediately after Labor Day, Dickson so moved. Motion seconded by Beim and carried. 1. BIDS REJECTdD Oiq PAIivTii-G OF SiJ~iYTm~iul; PUOL. Tabulation of bids showed 2. CONTRACT AWARDED TO BLACKTOP SERVICE COMPANY FOR STREET IMPROVEMENTS NOS. BA-8, 10, 11, 12 AND 13, A-146 AND 147. Tabulation of bids showed receipt of two bids--that of Blacktop Service Company at $37,168.21, and that of Riegger Roadways, Inc. at $41,650.30. Manager reconmended award of contract to the low bidder. -- Beim's motion for award 02 contract to Blacktop Service Company was seconded by ~ Kohler and carried. 80 3. CONTIEACT ATlA?XDED TO TERRY BROS., INC. FOR STmET DPROVEMENT NO. C-WL GRADING AND GRAVELING OF JOHNSON DlUVE FROM GROVE STREET TO HIGJ37AY NO. 169. Tabu- G ation of bids showed receipt of three bids--Terry Bros., Inc., $8,930.50; M.E.Kraft Excavating Go., $9,611.05, and Wanson Excavating Co., $11,315.00. Nanager recommended award of contract to 1017 bidder, and Beim so moved. carried. Notion seconded by Tupa and 4. CONTRACT ATlAEOED TO PIGLPS-DRAKE COXPANY FOR SANITARY SEklER IN??ROVEMEXTS NOS. 166 AND 167; 1;lATEIWAIN TI.IPROVIQENTS NOS. 146 AND 147; STREET DIPROVEHENT NO.' C-m. 79 Tabulation of bids showed receipt of five bids. Company, apparent low bidder at the opening of bids this morning is actually second-low, after a check by the Engineers of the extensions on the bids. follows: Inc., second-low at $45,652.35; Swanson Excavating Co., third-low at $47,310.15; Northern Contracting Co. at $50,327.20, and Barbarossa and Sons, Inc., at $54,350.75. Xr. Hyde told Council that low bidder lists 20% for Extra IJork, whereas second-low bidder lists only 15%; that low bidder requires 90 days to complete, second-low lists completion in GO days; that from the list of jobs and equipment furnished the Village by BIr. Potter, low bidder, it is apparent that many of the jobs listed are as sub- contractor, and the Village has had the experience that new and inexperienced contractors cost the Village more time in inspection and field expenses. EIr. Hyde told the Council that because of the small difference in the base bids of the 101-7 and second-low bidders, the volume of work to be completed and urgency of completion, and the other factors stated above, he is recommending award of contractax to second- lot7 bidder, Phelps-Drake Company. bidder, Phelps-Drake Company, in accord with Managerfs recommendation. by Beim and carried. Manager told Council that Phelps-Drake Corrected bids are as Robert J. Potter Contracting Co., low bidder at $45,150.05; Phelps-Drake Co., Tupa moved for award of contract to second-low Motion seconded SANITARY S?WER PROJECT FOR LOCHLOY DRIVE-AYRSHIBE BOULEVARD TO BE EAXPEDITED BY EMPLOYMENT OF CONSULTING ENGINEER. Nr. Don Westby, 5228 Lochloy Drive, asked that Council expedite the Sanitary Sewer for Loc&loy Drive-Ayrshire Boulevard, petition for which was received at this office November 23, 1959. It was pointed out to Nr. Westby that petition t7as received after the actual "1960 work deadline" for petitions; also, that the Village Engineering Department has more work than it can handle and that somz petitions filed long before the deadline have not yet been worked on. audience that if there is so= urgency a Consulting Engineer can be employed, but that this will mean a somewhat higher assessment for the property owners. Council he felt that this arrangement would be satisfactory to petitioners, and it v7as informally ordered by Council that a consultikg engineer be employed to expedite this project. IHPROVDIENT PETITIONS ACCEPTED. and were accepted and re€erred to Village Engineer for progradng by motion Kohler, seconded by Dicltson and carried: OILIKG - llarren Ave., 63rd to 64th St. OILING - Broolcview Ave., 58th to 59th St. OILING - Tl.56th St., Bernard Place to Dale OILING - 1-1.67th St., Xerses to rrOld" Yorlt OILING - raymar Drive CURB AND GUTTER - Tingdale he., Grove St. to Benton Ave. Nr. Hyde told Mr. Bestby told The following petitions were submitted by Clerk, COUNCIL SCHEDULES HIWRING FOR NAY 23 ON HIPPE REQUEST FOR RBZONING OF LOT 22, BLOCK 2, PEACEDALE ACRES TO WJLTIPLE E3SIDENCE DTSTRICTI'. rezoning to "Hultiple Residence District" of this tract (6201 Broolcview Avenue or 4221 W.62nd Street), together with the Planning Commission's recommendation for approval. apartmmt (or, if the area of the tract is sufficient, a five-unit apartmznt) on the tract. Tupa and carried. Council considered the request for Nr. Hite told Council it is Mr. Hippe's intent to c0nstruct.i.a four-unit Diclcson's motion scheduling Public Hearing on the petition ~7as seconded by Hearing to be May 23. HAY 23m HEARING SCHEDULED ON REQUESTED SIDE-YARD VARIANCE FROM ZONING ORDINANCE AT 5101 GORGAS AVEHTUE (LOT 56, Am. SUBD.8172). Council revie.c.red Planning Commission's ?.lay 4th recommendation for approval of Nr. 1.liles B, Hirshey's request for a two foot variance to the five foot side yard requirement at 5101 Gorgas Avenue, for construction of a garage. by Tupa and carried. Kohler's motion setting Public Hearing on petition for lIay'23 as seconded LEIN'S EDINA ADDITION PRBLR41NARY PLAT APPROVED. recommendation for approval of this plat, being a replat of Lots 5 and 7, Block 7, Council reviewed Planning Commission's Brookview Heights 2ni-Addn. and Lots- 5,G-and 7, Block 1, Duggan's Homestead. noted .that the net7 plat adds one 'lot, and reduces present lot frontages about sixteen feet each. recomendation was seconded by Dickson and carried. It ~7as Beim's motion approving Preliminary in accord ~ith Planning Commission's GARRISO3' S VEST 1.IINNEAPOLIS IGIGHTS ADDITION. PRELIBENARY PLAT APPROVED. Commission's I4ay 4th recommmdation for approval of this Preliminary--being a plat €or the old Streetcar R/@ between $Ionroe and Harrison Avenues, vas revieved. Planning Nr. 5/9/60 Rite told Council that pla-tting involves Vacation of old Third Street, with the vacated portion of the street being added to the property being platted. Preliminary Plat in accordance with Planning Commission's recommendation and subject to suggested Street Vacation. STREET VACATION HEARING SCHEDULED FOR JUNE 13. Pursuant to above discussion, Koh2ev:moved scheduling Public Hearing on proposed Vacation of that part of Spruce Road (old Third Street) lying between Harrison and Monroe Avenues for Monday, June 13. a3 2ak I .VI Some discussion was had on this matter, and Dickson moved for approval of Motion seconded by Tupa and carried. Notion seconded by Dickson and carried. GAVIN'S ADDITION PRELIMINARY PLAT APPROVED: LARKSPUR LABE FRONTAGE TO PAY FOR SAN ITARY SEWER AND WATERMAIN. This Preliminary Plat, of the Gavin property at the Southeast Corner of IJ.70th Street and Normandale Road, was reviewed at some length, being somewhat involved 5.7ith the matter of assessments for sanitary sewer and watermain improvements in Larkspur Lane, which abuts the proposed plat on the South. some years ago, when Lake Edina Addition was platted, Mr. Gavin was unwilling to dedicate a portion of his land for Larkspur Lane; and that, therefore, that portion of his property abutting Larkspur Lane was not assessed for either Sanitary Lateral Sewer or Watermain improvements; that Lake Edina Addition was assessed for the full cost of these improvements. Mr. E. C. Stow, developer of Lake Edina Addition, protested Mr. Gavin's getting his utilities free. Mr. Gavin, telling the Council he is platting his property now only because the taxes thereon have made it impossible for him to keep the property, stated he understood that at the kime he developed the property there would be some assessments for the improvements on Larkspur Lane; and Council agreed that such charges are only fair and equitable, and should be made. in accordance with Planning Commission's recommendation was seconded by Kohler and carried. CARLSON'S ROLLING GREEN PRELIMINARY PLAT APPROVED, This Preliminary, being of an unplatted tract lying north of Interlachen Boulevard and immediately south of Lots 18 and 23, Rolling Green, was presented carrying Planning Commission's Nay 4th recommendation €or approval. Mr. Melvin Mooty, representing the developer, was asked if the Rolling Green Association had approved the plat and answered to the contrary. no legal basis on which Council may withhold permit. Because Rolling Green Association was meeting this evening, proposed plat was dispatched to it for consideration; and, later in the meeting, report was received that the Assn, wants - 1. Matter held over for two weeks; 2. Six lots instead of the eight lots proposed. 3. Name changed to eliminate "Rolling Green". Tupa then moved that the Preliminary Plat be approved in accordance with Planning Commission's recommendations. nay. It was noted that Beim's motion for approval of plat I Village Attorney Hasselquist stated he can see Motion was seconded by Beim and carried, with Kohler voting OVERHOLT HILLS SECOND ADDITION LOT LAYOUT APPROVED. presented, carrying Planning Commission's recommendation for approval of lot layout but for delaying approval of Preliminary Plat pending permit to Nr. Overholt! from State Conservation Department, Division of Waters on shore line of Indianhead Lake and subject to receipt of park dedication. for approval of lot layout in accordance with Planning Commission's recommen- dation, v7as seconded by Kohler and carried. This Preliminary Plat was Beim's motion CREEK VALLEY ADDITION FINAL PLAT . This Final Plat of the area just West o.f Valley View Road at 66th Street was presented carrying Planning Commi3-sion's May 4th recommendation for approval. WATERNAIN DISCUSSED. Mr. Zikan told Council that this plat means a long, dead-end watermain, which it will be impossible to loop. pipe. to it. seconded by Kohler and carried. CIONCRETE PAVING DISCUSSED. Complimenting-the Council on the Brookview Heights concrete paving project, developer Peterson told Council he has been considering paving for his nev7 plat. He asked concern- ing payment of a part of the cost by the Village General Fund, on the same basis as the Brookview Heights project; was informed that general fund cannot pay for the improvement MENDELSSOHN ADDITION, GROSS REPLAT FINAL PLAT APPROVED. the northern portion of B&bcR??l, Mendelssohn, carried Planning Commission's May 4th recommendation for approval, and Kohler so moved. and carried. He recommended construction of main using cement lined - Mr. R.H. Peterson, developer, heard recommendation and made no objection Dickson's motion approving Final Plat of Creek Valley Addition ~7as unless Village takes bids thereon This replat, being of Motion seconded by Beim PEACEDALE ACES, TRAFZER REPLAT, FINAL PLAT APPROVED. Trafzer property between Peacedale and Halifax Avenues at fJ.63rd Street, carried Planning Commission's recommendation for approval; and Kohler moved for Council approval in accord ~ith Commission's recommendation. and carried. This plat, being of the Motion seconded by Beim 5/9/60 '89 = ,1 HEARTHG SCHEDULED FOR HONDAY, ,TUI!IX 13, ON VACATION OF PORTION OF I&KSPUR LANE. Planning Commission's Efay 4th recommendation for the Vacation of that portion of Larkspur Lane lying within the half turn-around adjacent to Lots I, 2 and 3, Block I, Lake Edina Addition, and Kohler's motion for Public Hearing on matter of Street Vacation was seconded by Beim and carried. COUNCIL TO CONDUCT HEARING NAY 23 ON "NURSING HONE" &ENDIIENT TO ZONING ORDINANCE. Planning Commission's Nay 4th recommendation for approval by Council of a proposed amendment to the Zoning Ordinance which would pennit nursing homes to be located within the Village by special permit was reviewed and discussed. ment 17as thoroughly discussed, and Kohler moved scheduling Public Hearing on proposed amendment for Honday, Nay 23. Proposed amend- Notion seconded by Dickson and carried. I "PLANNED MULTIPLE RESIDENCE DEVELOPBENT" AMENDBIENT TO ZONING ORDINANCE TO RECEIVE PUBLIC HEARIEG NAY 23. to Planning Commission's .?.fay 4th recommendation for approval. scheduling Public Hzaring for >ionday, May 23, was seconded by Dickson and carried. This proposed amendment was reviewed by Council pursuant Kohler's motion BLOCK 9, STOIJ' S EDGENOOR--ANT PLANS APPROVED. Hr. R. H. Peterson, developer, and 3lr. Hite, presented plans for four 18-unit apartment buildings to be constructed on Block 9, Stow's Edgemoor (which block is now being platted as Replat of Blocks 1, 2;and 9, Stow's Edgemoor). two-bedroom and 6 one-bedroom apartments; that buildings will face north and south, with garages in the center. a public hearing on the "back yard setback variance"; that zoning requirement is 40 feet, whereas it is proposed to construct buildings within 25 feet of the rear lot line. public hearing on waiver of back yard setback requirements. Dickson and carried. about $3,000 a year because of Village' s large "yard" requirements. PUBLIC HEARING SCH%DULED FOR NAY 23 ON 17AIVER OF REAR-YARD SETBACK REQUIPSEENTS FOR BLOCK 9, STOY'S EDGJZMOOR. Pursuant to the immediately foregoing action, Beim moved scheduling Public Hzaring on the proposed variance faom rear-yard requirements for B16ck., 9, Stow's Edgemoor. Xotion seconded by Dickson and carried Council 7.78s informed that each building will have 12 2lr. Hite reported that approval of plan vi11 involve Beim moved for approval of sire and building plans, subject to outcomz of Notion was seconded by Nr. Peterson told Council that yard maintenance will cost PUBLIC REARING SCHEDULED FOR NAY 23 ON SIDE YARD VARIANCE, 4501 DUNHAlI DRIVE. lek. Kite explained that a building permit has been issued by the Village for this dwelling, granting a 15-foot side yard setback; that when it ~7as discavered that the setback should have been 20 feet construction v7as stopped, but that substantial work had already been done. He stated that action by Council must be to either conduct a public hearing on the variance, or to order the construction in at the required setback. Attorney Hall, representing 1.k. Paul Bowman, the ovmer, told Council that f4r. Bovman had checked with the Village Hall before his plans were dram; that a change in setback now V70Uld involve an entire nev7 set of plans. moved scheduling Public Ifearing for Blay 23 on matter of side yard variance. seconded by Dickson and carried. I Beim Motion SANITARY SEI-JER LQJD 17ATER+kUN PLANS FOR JOIiNSON DRIV_E, DONCASTER WAY, GOYA LANE AREA DISCUSSED. Pursuant to inquiries made by residGts of affected properties at Public Hearings held on these proposed projects April Z, Engineer Zilcan presented plans as follot7s: not be divided into two--a "north of Highway #169", and a "south of High17ay 8169" project. of Highway No. 169 by dividing; that the deep cuts are at the south end of the proposed projecte Inasmuch as the formal public hearing had been continued until 3hy 23, no action 17as necessary by Council. 2. tIATER1.WN. Here, Council was reminded that the watermain is not wanted in either Doncaster Way or the School property; that, without these mains.Goya.Lane would be a dead-end main, and that there is insufficient area €or flushing of.the hydrants. (Goya Lane, School easemznt, and Doncaster Way) would reduce the Estimated Cost to the south portion of the project, Johnson Drive, from $1,011 per Connection to $801 per connection; this v7ith the understanding that loop will be made oil the South side of Highway $169 from Johnson Drive to Tracy Avenue. when it was reported that a church is considering purchase of the lot at the intersection of Highway 3169 with Johnson and Tracy and could be connected with the Tracy main; but because purchase was not certain, Council agreed to eliminate the hereinbefore mentioned North portion from the project, and to conduct a Public Hearing 3hy 23 on proposed laterma main in Johnson Drive from Grove St. to &y.#1@9 and in KNy. #169 from Johnson Drive to Tracy Avenue. scheduling public hearing.) SANITARY SEX7ER. The question had been asked as to whether this project should 3lr. Zikan told audience that no economy- would be effected to those south Engineer told Council that elimination of the north portion of the project Some discussion ensued (See Resolution of later in mzeting, I S/9/60 75 INTEPLACIJEN CIRCLE CUB AIW GUYTE~R HEARTFI~~ scrt~~~~m r'm MAY 23. Manager wycf,e told Council that Developer Folke Victorsen is now ready to Blacktop Interlachen Circle in accordance with Village requirements; that Curb and Gutter is needed in the area. He asked that Council donduct Public Hearing on Curb and Gutter on its own motion. Beim's motion scheduling Public Hearing for May 23 was seconded by ICohler and unanimously carried. (See Resolution of later in meeting), LIMLLITY INSURANCE AWARDED TO MRICAN CASUALTY COMPANY. Finance Director Dalen told Council that Mr. Chet-Nordeen-or Norris-Nordeen Agency has been able to secure two informal bids on coverage for the Village Automobile-Public Liability policy cancelled by Houston Fire and Casuaity Company; that Anchor Casualty Company's bid is €or one year only, and is some 25% higher than the bid awarded to Houston, but that American Casualty Company's bid, although difficult to compare with the Houston bid, is lower because on many items bid is not based on population, and that this latter bid is for three years. He recommended award of bia to American Casualcy Company. Mayor Bredesen protested award without formal coverage, searing he feels that ~t is to the general public interest to take formal bids. legally, to take bids for,insurance; and Trustee Dickson stated that while he agrees ib principle with Bir. Bredesen he feels that because of the unusual circumstances, here--cancellation by present carrier--he feels the VlLlage would lose by cakrng bids. Trustee Kohier agreed with Mr. Dickson; and Beim moved for acceptance of bid of American Casuazty Company. Tupa, and carried, with Bredesen voting may. L'S was poinLed out that it is not necessary, Motion seconded by POND NORTHEAST OF LAU3 CORNELIA TO BE MAINTAINED AT 863 FEET. told Council that Mr. D. D. Bezoier, 6228 Brookview Avenue, has requested that the matter of the level of the unnamed pond just Northeast of Lake Cornelia be fixed. Cornelia to Lake Pavela, that when this t7as put through an easement was given to the Village from a Mr. Turnham, who then owned to Bezoier property; but that the easement had not been recorded, and that Mr. Bezoier who purchased the property without knowledge of the easement, wants to.lcnow that, the wier will not be lowered or raised at just anyone's request. Mu. Zikan suggested that the aier elev&tion be set at 883 feet--which is about where it was last fall--and that it be left there. Some further discussion !?as had with regard to Mr. Bezoier's problems, his request thaf: aigate be installed, etc., and, Dickson moved that the elevation of the tirier.be established at 863 feet, sea level datum, 1929 adjustment. Engineer Zikan He told Council that originally there was an outlet Northeast of Motion seconded by Beim and unanimously carried. ~ EDINA HIGHLANDS LAICESIDE AJIDITION--CONDEMNATION OF STREET RIGHT-OF-WAY Foi BAST HALF OF "WYCLIFFE ROAD" AUTHORIZED. Mr. Hite reported that Methodist Church officials are objecting to dedication of 30 feet of their portion of Lot 11, Warden Acres for the East 30 fee$ of right-of-way for this street. He asked that condemnation proceedings be initiated if an agreement could not be reached, and it was so ordered. PUBLIC HEARINGS FOWLY SCHEDULED FOR MAY 23 ON PROPOSED IMPROVEMENTS. Review was had of public hearings heretofore informally scheduled by the Council on 1 several improvements, and of preliminary plans and estimates of cost on several other improvements proposed; and Kohler offered the following Resolution and moved its adoption: ., mSOLUTION PROVIDING FOR PUBLIC HEARINGS PROPOSED IMPROVEMENTS The Village Engineer, having submitted to the Council a preliminary BE IT &SOLVED by the Council of the Village of Edina: 1. . 'report as to the feasibility of the proposed improvements described in the .Form of Notice of Hearings set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed co be placed on file in the office of the Village Clerk. the Edina Village Hall, to consider in public hearings the views of all apersons interested in said proposediimprovements. time, place and purpose of said meeting to be published in the official news- paper once a week for two successive weeks, 8 the second of which publications is to be not less Than three days from date of said meeting, which notice shall be in substantially the following form: .2. This C~uncil shall meet on Monday, May.23, 19i0, at 7:OO P.M., in 1 3. The Clerk is hereby authorized and directed to causernotice of the 1 NOTICE OF PUBLIC HEARINGS ON PROPOSED 1 CONCRETE CURB AND GUTTER, BITUMINOUS SURFACE TREATtENT, SLDEGJALK, STORM SEWER, AND I;JATERMAIN IIPROVEMENTS EDINA VILLAGE COUWCIL will meet at the Edina Village Hall on Monday, May 23, 1960, at 7:OO P.M., to consider the following proposed improvemznts to be constructed under 'the authority granted by Minnesota Laws of 1953, Chapter 398. cost of said improvements is estimated by the Village Engineer as set forth below: Approximate I 5/9/60 ESTINATED COST ,A. - CONSTRUCTION' OF COlrfCF&T& CURB AND GUTTER IN mE: POLLONING STREET: B. CONSTRUCTION OF CONCEd2TE CURB AND GUTTER AND BITUMINOUS SURFACE 76 ' 1. Interlachen Circle $ 5,769.75 TREATNENT IN THX POLLOVING STREETS: /la Wooddale Ave. from W.5Oth St. to Tower St. $10 1,294.45 f C. &* L/ E- F. The ., 2. Q~nan Ave . from 17.62nd St. to Maddox Lane 3,245.35 CONSTRUCTIOI? OF BITUi.IINOUS SURFACE TREATMENT IN THE FOLLOTIING STREET : 1. 14.49th St. from Brookside .We. to Ea7y.#169 $ 6,199.13 .CONSTRUCTION OF CONCRETE SIDEXIALK IN THE FOLLOVING STREET: 1. On the east side of Wooddale Ave. from IIinnehaha Creek to Tower Ave. $ 4,533.82 CONSTRUCTION OF VILLAGE STOR11 SEWER AND APPURTENANCES IN THE FOLLOKtNG : 1. Wooddale Ave, from Nixmehaha Creek to 8.54th St. $ 25,063.81 FQLLOI7ING STREETS : 1. Benton Ave. from Tracy Live. to Crescent Drive $ 17,772.84 2. Park Place from V.54th St. and Broolwiew Ave. to W.55th St.13,786.85 3. Brookview Ave. fromV.6lst St. to lI.62nd St.; W.Glst St. from BrooIcviei.7 Ave, to Oalclatm Ave. 12,930.32 4. Johnson Dr. from Grove St. to ky.#169; &7y.$169 from Johnson Dr. to Tracy Ave. 13,622.84 CONSTRUCTION OF VILLAGE f;lATER*lAINS AND APPUFCCENANCES IN THE areas proposed to be assessed for the cost of each of said proposed improvements A-1, B-1 and 2, C-1, F-1, 2, 3 & 4 includes all lots and tracts of land abutting the respective streets proposed to be improved; under D-1, all lots and tracts of land abutting the street proposed to be improved on the east.side; and under E-1, all lots and tracts of land within the following described boundaries:' of center of Sec. lS, Twp. 28, R. 24; thence S. along the E. line of llooddale to the N.T.7. comer of Lot 15, Country Club District, Wooddale Section; thence E. along the N. line of said Lot 15, 35'; thence S. and parallel to the E. line of 57ooddale Ave. to the S. line of said Lot 15; thence SIly to the S.17. corner of Lot 14, Country Club District, Vooddale Section; thence S. along the E. line of Vooddale Ave. to the N.11. corner of Lot 5, Country Club District, tlooddale Section; thence SEly to the S.E. Comer of said Lot 5; thence SEly to a point on the S. line of t.7.52nd St. said point being 50' E. of the N.B. Corner of Lot 1, Block 3, South Harriet Park; thence S171y to the S.17. corner of said Lot 1; thence SNly to a point on the N. line of Lot 15, Block 3, South Harriet Park, said point being 20' 17. of the N.E. comer thereof; thence S. and prallel to the E. line of Nooddale Ave. to the S. line of Lot 14, Block 3, South Harriet Park; thence S7ly to a point on the hT.line of Lot 12, Block 3, South Harriet Park, said point being 65' E. of the N.U. corner of said Lot 12; thence S7ly to a point on the S. line of Lot 12, Block 3, South Narriet Park, said point being 35' E. of the S.17. corner thereof; thence Sly, parallel to and 35' E. of the E. line of 17ooddale Ave. a distance of 40'; thence SWly to the S.17. corner of Lot 11, Block 3, South Harriet.Park; thence S. to the N.11. corner of Lot 20, Block 4, South Harriet Park; thence SEly to a point in Lot 20, said point being 35' E. and 12' S. of the N.17. corner thereof; thence S. to a point on the N. line of Lot 18, Block 4,,South Harriet Park, said point being 35' E. of the N.W. corner thereof; thence Sdly EO a point: in Lor: 18, said. point: being 50' E. and 1V' 3. of r;he N.i.1. comer thereof; thence S. to a point in the N. line of Lot 11, Block 4, South Harriet Park, said point being 50' E. of the N.17. comer thereof; thence S7ly to the S.W. corner of said Lot 11; thence S. to centerline of 1I.54th St., which is the S, line of Sec.l$,Twp.28,8.24; thence 1.7. along S. ling of Sec.18,Twp.28,R.24, a distance of 153'; thence W71y a& a deflection angle of 68 Nly at a deflection angle of 12 a distance of SO'; thence E. at 8 deflection angle of 90° a distance of 200'; thence NEly at a dflection angle of 45 to a point 7' 11. of 17. line of Wooddale Avke.; thence N. and parallel to t7. line of Vooddale Ave. a distance of 560.1'; thence I?. at right angles a distance of 4-0'; thence N. at right angles a distance of 160.1'; thence NEly to a point on the centerline of 17.53rd St. extended, said point being 7' 1.7. of the W. line of Wooddale Ave.; thence". and parallel to the 1.7, ling of Wooddale Ave. a distance of 251.7'; thence i\rrily a~ d Eeflection angle of 42 a distance of 35.35'; thence Nly at 8 deflection angle of 45 a distance of 225'; thence NEly at a deflection angle of 22 30' a distance of 27.95'; thence N. a& a deflection angle of 22 k30' a distance 27.95'; thence N. at a deflection angle of 22 30' a-dls~aPLee-ef-2?~95~~-~~~ee-Wt-at-a-$~~e-a distance of 25'; thence NEly at a deflection angle of 22 30' a distance of 27.95'; thence NWly at a deflection angle of 22'30' a distance of 27.95'; thence Nly at a dgflection angle of 22O30' a distance of 100'; thence NEly at a deflection angle of 22 30' a distance of 27.95'; thence Nly at a deflection angle of 22'30' a distance of 50'; thence IJly at right angles a distance of 30'; thence S7ly at 3 deflection angle of 35' a distance of 45'; thence Nly at a deflection angle of 123 30' a distance of 50'; thence Ely at right angles a distance of 37.5'; thence Nly at right angles a distance of 25'; thence Ely at rightsangles a distance of 12.5'; thence Nly at right angles a distance of 125'; thence Wly at right angles a distance of 30';othence Nly at right angles a distance of 50'; thence SVly at a deflection angle of 125 ,deflection angle of 250 a distance of 55'; thence S?ly at a deflection angle of l7 30' "Commencing at a point on the E. line of Wooddale Ave. a distance of 315' S. I a distance of 455'; thence . a distance of 45'; thence S71y at a. 5/9/60 a distance of 37'; thence NN1y at a defgection angle of 97'a distance of 30'; thence NEly at a deflection angle of 87 a distance of 30'; thence NE1y at a deflection angle of 25' a distance of 50'; thence NGly at a deflection angle of 34O a distance of 65'; thence Ely at a deflection angle 27O a distance of 22' ; thence Nly and 7 tJ. of the W. line of Wooddale Ave. a distance of 85' ; thence E. to point of beginning." r7 p:~ GRETCHEN S. ALDEN Xillage Clerk Motion for adoption of Resolution was seconded by Dickson, and on Rollcall there were five ayes and no nays, as follows: ; Kohler, aye; IMPROVEMENT PROJECTS TO BE BID ON MAY 23:;LAEter a review of plans for several improvement projects, Kohler offered the following Resolution and moved its adoption : RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED IMPROVEMENTS, AND DIRECTING ADVERTISEMENT FOR BIDS BE IT RESOLVED by the Village Council of the Village of Edina: 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 improvements : 1. The plans and specifications for the proposed Improvements set forth The Clerk shall cause to be published twice in the Edina-Norningside ADVERTISEMENT FOR BIDS CONCRETE CURB AND GUTTER, BUTIMINOUS SURFACE TREATMGNT, SANITARY SEWER, WATERMAIN, AND GRADING AND GRAVELLING Sealed bids will be received and opened in the office of the Village Manager in the Edina Village Hall, 4801 IJ.50th St., at 11:OO A.M., Monday, May 23, 1960, and the Edina Village Council will meet at 7:OO P.M., on Monday, May 23, 1960, to consider said bids, being for the following: CONSTRUCTION OF CONCRETE CURB AND GUTTER IN THE FOLLOIJING STREET: CONSTRUCTION OF CONCRETE CURB AND GUTTER AND BITLTMINOUS SURFACE TREATMENT IN THE FOLLOl7ING STREETS : Interlachen Circle. /Maddox Lane from Wyman Ave. to Mildred Ave. Lf Hansen Rd. froml?.Glst St. to Valley View Rd. JNildred Ave. from Valley View Rd. to W.62nd St. I Ewing Ave. from W.63rd St. to W.64th St. 1 Chantrey Rd. from Ayrshire Blvd. to Hwy.Jk169. -dDunberry La. from Cornelia Dr. to W. line of Southdale 3rd Addn. I/ Normandale Court 1' llyman Ave. from W.62nd St. to Maddox Lane. Maddox Lane from Hansen Rd. to Wyman Ave. ,, Mark Terrace Drive from Valley View Rd. to cul-de-sac. CONSTRUCTION OF VILLAGE SANITARY SEWER AND APPURTENANCES IN THE FOLLO1;JING STREETS : Benton Ave. from Bernard Place to Dale Ave.; and Dale Ave, from Benton he. to 573' N. Benton Ave. from Dale Ave. to Bernard Place, and Dale Ave. from Grove St. to Benton Ave. Benton Ave. from Tracy Ave. to Crescent Drive. Dale Ave. from Grove St. to Benton Ave., and Grove St. from E. lot line of Lot 7, Block 2, llelody Knolls 6th Addn. to.350' 8. IJork must be done as described in plans and specifications on file in the office of the Village Clerk. $10.00, which deposit will be refunded upon return of said plans and specifi- cations. deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten percent of amount of base bid. to reject any or all bids. BY ORDER OF THE EDINAVILLAGE COUNCIL. GRETCHEN S. ALDEN CONSTRUCTION OF VILLAGE WATERMAIN AND APPURTENANCES IN THE FOLLOWING STREETS : GRADING AND GRAVELLING OF THE FOLLOKCNG STREETS: Plans and specifications are available for a deposit of No bids will be considered unless sealed and accompanied by cash The Council reserves the right Village Clerk 3. Each and all of the terms of the foregoing advertisement for bids are hereby adopted as the terms and conditions of award of the contract for said respective improvements. for adoption of Resolution was secondei by Dickson, and on Rollcall there were five ayes and no nays, as follows: 'Beim, a aye; Bredesen, aye; and the Resolution-was ado Dicksog, aye; Kohler, aye; Tups, ed. 5/9/40 "BL&ItTOP MPL4CIBEENT" BIDS TO SS TmN 23. Plr. Eyde reported that somz of the streets on vhich there was UndQrgtound construction last year should have blacktop replaced soon, and Beim mved, directing the Village Engineer to advertise for bids €or blgcktop replacemznt to be opened Elonday, play 23, %lotion seconded by Kohler ,and carried. V.69TH STEET FRO2.I BPdTTIWS ROAD TO SERVICE DRIVE PROPOSED TO BE IT.IPROVED. HEW'G SCH%DULED FOR JUIE 13. Nr. Harold Hardaclcer, owner of property on the north side of 'W.69th St.", told Council that he has attempted to negotiate 17ith Christ Presby- terian Church officials concerning a 30-foot easement for the street--but that he cannot find anyone who sill actually complete the transaction. He asked that the street be fully improved at the earliest possible date--graaea, graveiiea, curbed and blacktopped. to dispose of nis nouse oecause mere xs noL "iagai access" LO ic. blr. Ailcan told Council that the Village is in for considerable drainage trouble unless the street is put through to the Service Road; also, that unless it is curbed, drivers will be using the Church parking lot as a street. Street Improvements, on Council's own motion, to be heard June 13, 1960, ~7as seconded by Tupa and carried. Another gencieman was present to inform Council tnaE ne is unawe Beim's motion for Public Hearing on PREMISES AT NO. 6349 TIKGDALE AVENUE APPROVED AS A "sr;P~HA'fa Yi&Cr;L UP LAND". Council reviewed the request of Thayer & Smith Realtors that the Council adopt a Resolution declaring No. 6329 Tingdale Avenue a "separate parcel of land", so that clear title could be given therein, legal description of premises being the "North 16 feet of Lot 22, Lot 23 and the South 17 feet of Lot 24, Block 3, Normandale Second Addition. It ~7as reported that there is a dwelling on the premises and that re-division of property 170Uld cause undue hardship to the ovmer. lution and mved its RESOLUTION I1AIVING PROVISIONS OF adoption: Diclcson offered following Reso- VILLAGE ZONING ORDINANCE AND DECLARING NO. 6329 TINGDALE AVENUE A "SEPAX4TE TRACT OF LAND" IIHEREAS Village Zoning Ordinance No. 261, (Paragraph 3 of Section 3 (Open Develop- ment District) requires that When land has been platted or subdivided and the plat is recorded, no more than one dwelling may be erected or altered on any lot"; and described as "the North 16 feet of Lot 22, Lot 23, and the South 17 feet of Lot 24, Block 3, Normandale Second Addition; and 3, Section 3 of Village Zoning Ordinance No. 261nould not interfere with the purpose of the platting regulations of this Village; and requirements would cause unnecessary hardship: that the requiremznt hereinbefore quated shall be and hereby is t~aived for the premises at No. 6329 Tingdale Avenue, and that said premises, otherwise described as %he North 16 feet of Lot 22, Lot 23, and the South 17 feet of Lot 24, Block 3, 'Normandale Second Addition," are hereby approved as a separate parcel of land. 'PMEREAS a Uillage Building Permit has been issued for a dwelling on the premises IJHERZAS, it has been determined that waiver of the requirements of Paragraph I VFEREAS, it has been further determined that compliance, now, with the said NOf.1, THEREEORE, BE IT RESOLVED by the Village Council of the Village of Edina Notion €or adoption of Resolution ~7as seconded by Tupa, and on Rollcall there were five ayes and no nays, as follok7s: Beim, and Bredesen, aye; and the Resolution was Village Clerk SIDE YARD VARIANCE AT 7028 ICELLOGG AVENUE APPROVED. that the owner of this dwelling, located on Lot 4, Block 2, South Garden Estates 3rd Addition, has. asked for approval of $he two-foot side yard setback. discovered after the dwelling had been erected. He reminded Council that bu5lder had been fined for his violation of the side yard provision of the Zoning Ordinance; that it would cause undue hardship to require the owner to comply with side yard provisions at this time. lir. Hite reported to Council Kohler offered the following Resolution and moved its adoption: RESOLUTION WAIVING SIDE YARD SETBACK REQUIRENENTS OF O?XDINANCE NO. 261, FOR 7028 KELLOGG AVENUE (LOT 4, BLOCK 2, SOUTH GAEDEN ESTATES -THIRD-ADDITLON- BE IT RESOLVED by the Village Council of the Village of Edina: 1. It is hereby determined that the provisions of Ordinance No. 261 (Zoning Ordinance), Sub-paragraph (1) of Subparagraph (b) of Paragraph 9 of Section 3 (Open Developmznt District) have been violated in the construction of a &elling to within fxo feet of the side lot line at No. 7028 Kellogg Avenue (Lot 4, Block 2, South Garden Estates Third Addition. 2. It is further determined that compliance, now, with provisions of said Ordinance No. 261~70uld cause undue hardship to the owner of said property; and that, therefore, the requiremmts of said Sub-paragraph (1) of Subparagraph (b) of Paragraph 9 of Section 3, Ordinance No. 261, are vaived for said premises, -I Proposed widening of Wooddale Betwaen 50th and Tower STEP NO. I In a plan that Could be a reality If you dontt ACT NOW. PKOPOSEdCROSSTOWN HlGHWAY 1’ SOU~DALE IF YOU OBJECT TO TH IS PROPOSAL CWE TO THE VILLAGE HALL AND PROTECT YOUR RIGHTS AS A RESIDENT OF EDlNA MONDAY NIGHT, 7 P.M., MAY 23~~ I I 5/9/60 Being No. 7028 Kellogg Avenue, and a variance therefrom shall be and hereby 59 I is granted. Motion for adoption of the Resolution was seconded by Tupa, and on Rollcall there-were four ayes and one nays, as follo im, aye; Dickson, aye; - Icohler, aye; Tupa, aye; and Bredesen, na PLANS IRON RDIOVAL PLANT FOR TJOODDALE AVENUE PUMP--2&J.S APPROVED. plans for this plant, stating that sithin the month he expects to have similar plans for the High School pump, and at that time hopes to be able to advertise for both plants. Present plan included a "wo'rlz area", which Mr. I'lyde told Council sill be used as a meter repair shop until such tirnz as a ne~7 fire station is built, then V70Uld be used for park department storage; and toilet facilities for 57ooddale Park. CLAINS PAID. dated Nay 9, 1960: General Fund, $8,185.S6; Park and Park Constr. Funds, $5,890.23; Water Fund, $695.25; Liquor Fund, $39,602.52; Sewer Rental Fund, $19,636.62; Improvement Funds, $55.60; Poor Fund, $674.85; TOTAL, $74,740.93. Hogion seconded by Beim and carried. T1 re being no further business to come before this meeting, Beim moved €or ad'ournment. T BIr. Hyde presented Plan approved, without formal action. Tupa moved for payment of the following Claims, as per Pre-List Motion seconded by Kohler and carried. Neeting adjourned at MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, MAY 23, 1960, AT 7 :00 P .M. , IN THE EDINA VILLAGE HALL Members answering Rollcall were Beim, Dickson, Kohler, Tupa and Bredesen. PUBLIC HEARINGS @4 PROPOSED IMPROVEMENTS: cation in Edina-Morningside Courier May 12 and 19, 1960, of "Notice of Public Hearings on Concrete Curb and Gutter, Bituminous Surface Treatment, Sidewalk, Storm Sewer and Watermain", which Affidavit was approved as to form and ordered placed on file. conducted, and action was taken as hereinafter recorded. Clerk presented Affidavit of Publi- Pursuant to said Notice the following Public Hearings were 1. WOODDALE AVENUE IMPROVEMENTS - A. Proposed Curb and Gutter in Wooddale Avenue fromW.5Oth St. to Tower St. B. Proposed Bituminous Surface Treatment in Wooddale Avenue from W.50th C. Proposed Storm Sewer in Wooddale Avenue from IJ.54th St. to Minnehaha D. Proposed Sidewalk in Wooddale Avenue, East Side only, from Minnehaha Hearing had been called by Council pursuant tiz petition filed April 25., signed by 40 property-owners, stating they prefer paying $6.50 per' front foot for curb and gut;ter and blacktopping to having Wooddale Avenue widened under the "Municipal State Aid" program and being assessed only $1.64 per front foot for curb and gutter. (See Minutes of April 25, 1960, Pages 61-63, this Book). Mayor Bredesen opened Public Hearing by saying he hopes that Hearing will be kept factual and will seme to provide those present with the information they seek. He asked that the'author of the '%reen Circular" circulated in the area since April 25th be identified, but no one replied. Circular referred to is attached to these Minutes and made a part hereof. for the Minnesota Highway Department, in charge of Municipal State Aid and County State Aid for this district, will be able to allay the fears of many of those present here tonight, Mayor Bredesen asked him, "DO you have plans to widen Wooddale from Excelsior Blvd. to Valley View Road to 44 feet?" Mr. McFadden answered that there were no such plans in his office. Asked by Mr.' Bredesen whether he had seen any plans for making Wooddale Avenue and Drexel Avenue one-way streets, Mr. McFadden againtanswered in the negative. audience that any plan for "municipal state aid streets" originates with the local governing body, Mr. McFadden stated he had recently had occasion to approve the revised State Aid system for St.Louis Park; that the only plan he has seen for Wooddale Avenue is Edina's plan for Wooddale south of 50th Street. St. to Tower St. Creek. Creek to Tower St. Stating that he feels that Mr. D.R.McFadden, Assistant District Engineer Informing ' , I h