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HomeMy WebLinkAbout19630408_regular4/8/63 MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, APRIL 8, 1963, AT 7:OO P.MI, AT THE EDINA VILLAGE HALL Members answering Rollcall were MacMillan , Rixe , Tupa , VanValkenburg and Bredesen * MINUTES of the Regular Meeting of March 25, 1963, were approved as submitted, by motion VanValkenburg, seconded by Tupa and carried, PUBLIC HEARING HELD ON PROPOSED IMPROVEMENTS IN XERXES AVENUE BETWEEN V,54TH AND W.62ND STREETS. weer of mailing of Notice to owners of affected Dkoperties. as to form and ordered placed on file. audience that the County will widen the roadway to a 40-fOOt width, and pave with concrete, with an asphalt covering; that this portion of the improvement will. not be assessed, but that it is proposed to assess for the following improvementst S an it ary S ewe r Conne ct i on s Clerk presented Affidavit of Publication in Edina-Morninqside March 28 and April 4, 1963, of "Notice of Hearing", and also affidavit Affidavits were approved Manager Hyde explained to the large Total Cost Estimated Assessment $23,401.47 $11,43 per front foot - to be 1 Water Connections $ 6,631.55 Sidewalk $14,885 00 Storm Sewer Driveway approaches Driveway a.pproaches Concrete Steps Retaining WaLls $12 , 262 . 26 $ 6,928'30 $ 6,928.30 $ 1,162,lO $ 5,359.65 Curb and Gutter $11,213.33 assessed to. only- those properties which do not already have such connections I assessed to only those properties which do not already have such connections, assessed against all properties abutting Xerxes Avenue between Wg56th Street and We 62nd Street-but not between If, 54th and W.56th Streets, where present side- walk will be tom up and replaced, $ 0.00820 per Squ-are Foot - to be assessed against all properties which drain to Xerxes Avenue. assessed for work from edge of paving to property line, on the lots where such work is needed, $ 6.20 per front foot - to be $ 4.50 per front foot - to be $ 0.80 per Square Foot - to be $.80 per Square Foot;) All to be $4.52 per Lineal Foot;) assessed $9.32 per Lineal Foot;) against only those lots where such improvements are deemed necessary assessed against all properties abutting Xerxes Avenue between H.56th Street and b1.62nd Street-but not between W.54th and W.56th Streets, where present curb and gutter will be torn up and replaced. $3,39 per Front Foot - to be Village Engineer Wegner gave a brief block-to-block description of the improvements, stating the Village hopes to get some relief for property owners in those cases where retaining walls will be necessary; also, that in the case where driveways are already paved, and a change in grade makes replacement necessary, there will be no assessment. Mr. John Vlahos, 5440 Xerxes, asked concerning assessment for steps'. He was informed that if steps are on his opm property and a change in grade necessitates new steps there will be no assessment, but that if steps are on street property (outside property line) there will be an assessment for replacement, Mr, V-tahos also stated he would prefer sidewalk next to curb line, rather than having boulevard as planned, Mr, Wegner told the audience this could be done, but that where sidewalk is next to curb, snow must be olowed onto the sidewalk, which makes for dissatisfaction among property owners , Mr, Fred Souba, 5720 Xerxes Avenue, presented a petition signed by 51 persons living on Xerxes Avenue between 14.56th Street and 14.62nd Street, in strenuous objection to sidewalk , together with a covering letter. neighborhood meetings it has been apparent that majority does not favor, construction of sidewalk. His protest was confirmed by Mr, V,F, Eastman, 6030 Xerxes, who stated sidewalks will be a hazard to children, who have been taught to play in their;, back yards, and also by a lady who stated it is very difficult, now, to back out onto heavily-traveled Xerxes Avenue, without the added hazard of having to watch fop children.playin3 on the walks, Mr, G.F. Reymolds, 6026 Xerxes, told Council there will be a considerable stretch between the end of the proposed walk and Southdale, and he feels that it will be of no benefit. was Mr. Harry Able Johnson, who stated he owns property on both sides of Xerxes Avenue that it is in the public interest to install the walks, both as a safety measure for the children, and as a matter of uniformity inasmuch as there will be walks on the Minneapolis side of the street. He told Council that in a number of The only dissenter from this group Manager Hyde informed group that the ft 4/8/63 proposal far sidewalk was brought to Public Hearing because of the fact that Xerxes Avenue is heavily traveled, and because it is regretted that walk was not installed in France Avenue at the time it was paved. expected that traffic signals will be constructed at W.56th Street and at to get into the street. Hrs. George Hancer, 5524 Xerxes Avenue, asked that sidewalk be constructed W,6Oth Street, which will make for breaks in the traffic, to allow home owners next to the street in the 54th St, to 56th St. stretch, saying that the walk is so located just north of 54th Street, with his neighbors and that there is noone who favors a boulevard between the walk and the curb. with the snow if walk is constructed next to curb. He received no direct answer to his question, Council was asked to take recognition of the overwhelming sentiment of property owners between t1.56th Street and W.62nd Street in opposition to any sidewalk, and Tupa moved that construction of sidewalk between \I. 56th Street and f?,62nd Street be eliminated from the proposed improvements, by MacMillan and carried. matter of sidewalk next to the curb, between W,54th and W,56th Streets, and upon Mayor Bredesen's inquiry, thirteen peode voted in favor. Mr. Bredesen inquired as to the number favoring a boulevard between curb and sidewalk. in favor. to curb line, in accordance with wishes of a majority of the property owners, Mr. Hyde warned that there should be no complaints, when snow must be plorjed onto the walk. .* will pay part of storm sewer, and was told this is strictly an Edina assessment. connection to sewer and water. required at this time, but that lines must be put in before the street is paved, and assessments will be levied for these service lines, whether or not property owner elects to be served. Owner at 6020 Xerxes inquired about timing for sewer connection, and was informed that property owner may make connection at any time before work is started, that he will probably have about 30 days. At a question from the owner at 5604 Xerxes as to whether it would be cheaper for property owner to make connection now, rather than to have Village run a line, Engineer tlegner stated he believes it may be cheaper to have the work done privately, Storm Sewer. One owner asked what happens, now, to the water which Puns toward Slerxes Avenue; was informed that it goes into the Minneapolis sewer system, and that Minneapolis expects us to pay for it. assessed for this system if he was already being.assessed for another storm sewer. his lot drains one way, and the balance of the lot toward Xerxes--in which case he receives benefit for both systems, to get to his garage; was informed there are no plans for improvement of this street. to York on W.58th Street. He was informed he will not be assessed for this work, Engineer Wegner added that this is one of the more serious grading Froblems, on which he will consult with pronerty owner. Question was asked as to whether retaining walls will be constructed on road easement. be taken, and Mr. Wegner added that there are a very few cases (steep areas) where it may be necessary to slope a little onto private properties, except the sidewalk (as already noted), and VanValkenburg offered the following resolution and moved its adoption: He added it is * Mr, Norby, 5444 Xerxes said he had talked Flayor Bredesen asked the audience what they expect to do Motion seconded Mr. H, C. Helmer, 5528 Xerxes Avenue, asked for a show of hands on the No one voted Mayor Bredesen then announced that sidewalk will be constructed next Elrs. J. J. Matthews, 5402 Xerxes Avenue, inquired as to whether Minneapolis Several questions were asked concerning Village requirement for immediate Audience was told that connections will not be f Several questions were directed to Council concerning matter of proposed Another owner asked if he could be He was informed that he may be on the "breaking" line, where part of Mr. A.J, Kelly asked concerning the opening of W,57th Street, which he uses Nr. G.E. Highfield, 5800 Xerxes, inquired about plans to gravel from Xerxes Nr. Hyde stated that for the most part no private property will There were no objections offered as to any part of the proposed improvement RESOLUTION ORDERING IMPROVEbENTS SANITARY SEWER 11.lPROVEMENT NO, 203 WATERf-lAIN INPROVEMENT NO, 173, STORM SEWER IMPROVEt-ENT NO. 78, SWETLIWPROVEHENT- NO, B-75 -- ? BE IT RESOLVED by the Council of the Village of Edina, Minnesota, as follows: It-Zs'Kereby determined that Xerxes Avenue between V.54th Street and 71.62nd Streeh shall be improved by widening to a traveled roadwav of 40 feet; an$ %y2 @idfr&%2on.-??ier;eon -6f conciwte $avEng And "asphaf-t! coatiBg ; .*Bat :=id :: improvement shall be accomplished by the County of Hennepin without assessment to abutting properties. and sidewalk in Xerxes Avenue between Pl154th Street and M.56th Street shall be accomplished without assessment to abutting properties; and that said sidewalk shall be constucted immediately adjacent to the curb, without intervening I boulevard. That this Council heretofore caused notices of hearings to be duly published on the following proposed improvements: 1. 2. It is hereby determined that the replacement of concrete curb and gutter, 3, 69 4 b 3 c9 m I 73 4/8/63 A. CONSTRUCTION OF CONCRETE CURB AND GUTTER in the West side of Xerxes 'B. CONSTRUCTION OF CONCRETE SIDEVALK in the Mest side of Xerxes Avenue C, CONSTRUCTION OF VILLAGE SANITARY SEWER SERVICE CONNECTIONS AND Avenue from #. 56th Street to W, 62nd Street. from W, 56th Street to W, 62nd Street, APPURTENANCES in the West side of Xerxes Avenue from W, 54th St, to W.62nd Street, APPURTENANCES in the West side of Xerxes Avenue from W. 54th St. to W, 62nd Street, E. CONSTRUCTION OF VILLAGE STORM SEWER AND APPURTENANCES in the West side of Xerxes Avenue from TJ.54th St. to W,62nd Street, F, CONSTRUCTION OF DRIVEWAY APPROACHES, ANY NECESSARY CONCRETE STEPS , RETAINING WALLS AND APPURTENANCES in the West side of Xerxes Avenue from W.54th St, to W.62nd St, and at the hearings held at the time and @%ace 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 abandon the construction of CONCRETE SIDEWALK in the West side of Xerxes Avenue from W.56th Street to W,62nd Street, and to proceed with the construction of the balance of said improvements; that said improvements are hereby designated and shall be referred to in all subsequent proceedings as follows: A. (CONSTRUCTION OF CONCRETE CURB AND GUTTER) and ) STREET F, (CBNSTRUCTIQN OF DRIVEWAY APPROACHES, ANY NECESSAQY ) IMPROVEMENT NO. B-75 C, (CONSTRUCTION OF VILLAGE SANITARY SEWER SERVICE SANITARY SEWER D, (CONSTRUCTION OF VILLAGE WATERMAIN SERVICE CONNECTIONS WATERlilAIN E, (CONSTRUCTION OF VILLAGE STORM SEWER AND STORM SEVER D. CONSTRUCTION OF VILLAGE TJATERMAIN SERVICE CONNECTIONS AND CONCREk STEPS , RETAINING WALLS AND APPURTENANCES CONNECTIONS AND APPURTENANCES IMPROVEMENT NO, 203 AND APPURTENANCES) IMPROVEMENT NO. 173 APPURTENANCES ) IMPROVEMENT NO, 78 and the areas to be specially assessed therefor shall be as follows: Gutter, all lots and tracts of land abutting Xerxes Avenue on the West, between W.56th Street and W.62nd Street; and (2) For Construction of Driveway Approaches , any necessary Concrete Steps, Retaining Walls and Appurtenances, all lots and tracts of land abutting Xerxes Avenue on the West, between W,54th Street and W.62nd Street proposed to be improved by the construction of any or all of these improvements e Harriet Lawn Addn.; Lots 1 and 2, Block L, Brookline Addn.; Lots 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, Block 2, Brookline Addn,; S, 30' of Lot 5 and N, 30' of Lot 6, Block 1, Harriet Manor 2nd Addn,; S, 20 of Lot 6 and Lot 7, Harriet Manor 2nd Addn.; Lots 8, 11 and 12, Block 1, Harriet Manor 2nd Addn,; Lots 1, 2, 4, 5, 6, 8 and 9, Block 8, Harriet Manor 2nd Addn,; Lot 2, Block 1, Town Realty's Edina Terrace; Lot 1, Block 1, Town Realty's Edina Terrace 2nd Addn,; Parcels No. 4205, No. 4265, No, 5610, No. 5620, No. 5630 and No. 5640, all in Sec, 20, T, 28, Q.24. Block 1, Seely's First Addn. to Hawthorne Park; Lots 1, 2, 7, 8, 13, 14 and 15, Block 4, Seely's First Addn, to Hawthorne Park; Lots 11 and 12, Block 1, Harriet Manor 2nd Addn,; Lots 1, 2, 4, 6 and 9, Block 8, Harriet Manor 2nd Addn. FOR STORM SEWER IMPROVEMENT NO, 78 - All lots and tracts of land within the following described boundaries: Seely's 1st Addn, to Hawthorne Park 35' W. of the NE Cor, thereof; th. S. parallel to and 35' W. of E, line of said Addn, to centerline of W.56th St.; th. W. along centerline of W,56th St, to W.Line of Lot 1, Bl. 2, Harriet Latm Addn. extended N.; th. S, along H. Line of Ls. 1 thru 6, Bl. 2, Harriet Lawn Addn, and Ls, 1 and 2, Bl. 4, Brookline Addn,, extended to centerline of W.57th St.; th, GI. along center . line of W.57th St, to mid point of Lot 22, B1. 3, Brookline Addn,, extended N,; th. S, along middle of Lots 22 thru 12, BL, 3, Brookline Addn, to centerline of W.58th St,; th. E. along centerline of Wr58th St, to pt, 94' W. of centerline of York Ave,; th, S. to pt, on the N. line of L, 9, Bl, 2, Harriet Manor 2nd Addn,, said pt. being 64' W. of NE Cor. thereof; th, W, along N, line of said Lot 9 a distance of 71' to the centerline of alley; th, S, along centerline of alley a distance of 100'; th. N, along N. line of L. 14, B1, 2, Harrient Manor 2nd Addn. to centerline of Zenith Ave,; th, S. along centerline of Zenith Ave. to centerline of N.59th St,; th, S, along centerline of W.59th St. to centerline of alley, Bl. 6, Harriet Manor 2nd Addn. extended N.; th, S. along centerline of said alley extended to a pt, 400' S, of centerline of W,6Oth St,; th.E, 400' S. of and parallel to centerline of \?.Goth St, to eeFf IJ, line of B1. 2, Loken's 3rd Addn,; th, SEly to pt, on E, line of said Bl. 2 a distance of 450' S. of centerline of W,6Oth St.; th. SEly to a pt. on S, line of Lot 1, B1. 1, Loken's 3rd Addn,, said pt, being 70' GI. of SE Cor, thereof; th. S, parallel to and LOO' W, of centerline of Xerxes Ave. to N. line of County Highway No, 62; th. E. to centerline of Xerxes Ave.; th. N. along. centerline of Xerxes Ave. to S, line of W.54th Str extended; th. H, to point of beginning," FOR STREET IMPROVEMENT NO, B-75 - (1) For Construction of Concrete Curb and FOR SANITARY SEWER IMPROVEMENT NO. 203 - Lots I., 2, 3, 5 and 6, Block 1, FOR HATERMAIN IMPROVEMENT NO, 173 - Lots 4, 5 G 6, 7' G 8, 9, $e, 11, 12, T5, "Cmmenc. at a ot, on N, line of Lot 1, B1. 1, . a4 4/8/63 Motion for adoption of the Resolution was seconded by Rixe, and on Rollcall there were five ayes and no nays, as follows: Tupa, aye; VanValkenburg, aye; and Bredesen, illan, aye; Rixe, aye; d the Resolution was DETOUR FOR XERXES AVENUE CONSTRUCTION, DISCUSSED. York Avenueznquired about the detour during construction of Xerxes Avenue Improvements. He stated that York Avenue is not surfaced to take the heavy traffic ROW traveling Xerxes--and that his neighbors take a very dim view of York Avenue's being the detour, Nanager Hyde told him this matter had not been completely worked but but that it is hoped travel can be split between York Avenue and Washburn Avenue. PUBLIC HEARING HELD ON PROPOSED, SANITARY SEWER IMPROVEMENT IN BLAKE ROAD FROM INERL-ACHEN, BLVD, TO 566' N, OF PINE GROVE ROAD; SCRIVER ROAD FROM BLAKE ROAD TO APRIL 22. Edina-Morningside Courier March 28 and A?ril 4, 1963, of "Notice of Heaving" Affidavits were approved as to form and ordered placed on file, and, pursuant to notice given, Public Hearing was called on the above entitled improvement. Vu-Graph slide was shown of proposed route and area proposed to be assessed, Estimated Cost was given as $91,417,09, proposed to be assessed against 35 connections, for $2,61lr9l per connection, Manager Hyde informed group that this proposed improvement has been initiated at the request of one property owner and because of the fact that the Village has made investigation in the area and there is considerable evidence of poor soil and septic tank and cesspool troubles. He added that at the old Scriver home there was evidence that effluent was draining into Mirror Lakes, and that there were other evidences of contamination in the area, Attorney Charles Spring, who stated he was speaking for a majority of the residents in the assessable area, called Council's attention to a petition on file objecting to proposed improvement at this time, Hearing, he asked for a reasonable continuance in order that he might study the improvement further and prepare a case for his clients, should there be such a case. I4otion seconded by MacMillan and carried, spoke in objection to proposed improvement. objected also. connections for his Lots 28 and 29, Auditor's Subd. No.'325, on grounds that he will use only one connection, He was informed that if he will combine two tracts and agree not/z&l., assessment will be fop only one connection, Mr. John Stearns, 5929 TO, CUL---DE.-SAC-; LAKE RIDGE RIDGE ROAD FRO14 SLAKE ROAD TO CUL-DE-SAC: CONTINUED Clerk presented Affidavits of Mailing, and of Publication in Saying he had been retained only a very short time before this Tupa moved that Public Hearing be continued to April 22. Nr. C. R. Carlson, 5121 Blake Road, Dr. Ralph BOOS, 5000 Blake Road, His objection was principally to being assessed for two . ,. EAST ROAD SANITARY SEWER AND 'I.IATEREIALWZ IMPROVEMENTS ABANDONED AT REQUEST OF PETITIO!JER. Horningside Courier Harch 28 and April 4, 1963, of "Notice of Public Hearings", which affidavits were approved as to form and ordered placed on file. Pursuant to notice given, Public Hearings were called on the following proposed improve- ments, and Estimates of Cost were given as recorded: CONSTRUCTION OF SANITARY LATERAL SEkIER in East Road from Skyline Drive to 250 Feet East - Total Estimated Cost, $8,159.58, proposed to be assessed against Lots 26 and 27, Skyline Addition, at $4,079.79 per Connection. 256 Feet East - Total Estimated Cost, $2,297.06, proposed to be assessed against Lots 26 and 27, Skyline Addition, at $l,148,53 per Connection. PIr. Fred Smith, 5107 East Road, petitioner for improvement and owner of both lots proposed to be assessed, told Council he had petitioned for sewer only, and mainly to ascertain the cost; that he has a satisfactory sewer system and a satisfactory well, and feels $10,000 is too high a price to pay for bringing public service to his home--which is built on both Lots, that proposed improvements be abandoned was seconded by Tupa and carried. Cl-esented affidavits of Wailing, and of Publication in Edina- 1. 2. CONSTRUCTION OF LATERAL WATERMAIN in East Road from Skyline Drive to VanValkenburg's motion SANITARY SEI.FR APPROVED FOR BARRIE ROAD FROM W,65TH STFEET EXTENDED TO 460 FEET SOUTH. . Clerk presented Affidavit of Mailing, and Affidavit of Publication in cdina-horningside Courier April 4 and March 28, 1963, of "Notice of Hearing"* Affidavits were approved as to form and ordered placed on file; and, pursuant to notice given Public Hearing was called on the above entitled proposed improvement. Estimated Cost was read as $5,426.65, proposed to be assessed against 311,683.45 square feet, for s.01741 per square foot. It was explained that the per-square- foot assessment is proposed, here, because this is all commercial. property, and because it is impossible to tell at this time how it trill be divided; that the Southdale interests have petitioned for the improvement, and the tloolworth people have asked that it be expedited, Hearing, and none had been received prior theretor following Resolution and moved its adoption: There were no objections registered at the VanValkenburg offered the 4/8 /6 3 RESOLUTION ORDERING IMPROVEMENT F SANITARY SEWER IMPROVEMENT NO. 204 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused noti6e of hearing to be duly published on the following proposed improvement: CONSTRUCTION OF VILLAGE SANITARY SEWER AND APPURTENANCES IN BARRIEDROAD FROM W, 65TH STREET EXTENDED TO 460 FEET SOUTH i and at the hearing held at the time and place specified in said notice the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvement; that said improvement is hereby desig- nated and shall. be referred to in all subsequent proceedings as SANITARY SEWER IMPROVEMENT NO. 204, and the area to be specially assessed therefor shall be as follows: Lot 2, Block 3, Southdale Acres; Lot 5, Block 4, Southdale Acres; the East 294.26 Feet of the South 383 Feet of Lot 4, Cassin's Outlot; and the West 98 Feet of the South 333 Feet of Lot 4, Cassin's Outlot. Motion for adoption of the Resolution was seconded by Tupa, and on Rollcall. there kenburg, aye; and Bredesen, aye; an COUNCIL GRANTS SPECIAL PERMIT FOR CAR FIASH ON EAST SIDE OF HIGHWAY NO, 169, %?TWEEN KROGER STORE AND GAS STATION LOCATED AT HWY.169 AND EDEN AVENUEI xrector Hite presented Affidavit of Mailing of "Notice of Hearing" , which was approved as to form and ordered placed on file; and, pursuant to notice given, Public Hearing was conducted on the petition of Richard Enroth for special. permit for a Car Wash on Highway No, 169 between Kroger Store and Standard Station at #169 and Eden Avenue, Commission and Council Minutes, and a map showing the site of the proposed car wash, together with useage of surrounding property, He informed audience that there are three uses for property', of which the car wash is only one, He presented site plan, showing relation of Dairy Queen Drive Insand Dairy Queen Office to proposed car wash, and also showing a frontage road 24 feet wide and running across this entire property and parallel with Highway Mo. 169. Hite told Council intent of the Commission that this service road be extended across the entire commercial area, Mr, Nicolas,Delebo, 5605 Warden Avenue, who stated he manages a car wash in Minneapolis, said his only objection is the type of help that car washes employ- that we don't want this type of people in Edina, Mayor-Bredesen told him that if this requested permit is granted, the help will be screened by the Police Department in somewhat the same manner that taxicab drivers are screened; that these emdoyees will be given the same character check as is given taxi driver applicants. one, Mr. Delebo told Council he doesn't believe there are enough people in this area to man a car wash; that his establishment employe between 25 and 45 men per day during the winter, Trustee Rixe asked Mr, Enroth if it is not the intent to operate only during the day. worked out, but that it is felt the car'wash should be open during Kroger's hours. Mr, Enroth asked Mr. William Sharpe, 4623 Browndale Avenue, who is in the car wash equipment business and also operates car washes, to state his opinion about help for the business, Mr. Sharpe stated that in some of the suburban area, high school principals are contacted, and that high school and college studGnts make up the biggest percentage of the employees; that the people he hires are no different than those hiped fop other general unskilled work; that suburban establishments do not have the volume of work nor the pressure experienced by the car washes in the ~OOD, Mr, Enroth told Council he values his reputation too highly to conduct a shoddy operation, that if the car wash cannot be pun right he will close it; and Mr. Bredesen added he feels that Mr. Enroth's association lessens some of the problem, but that the problem does exist, inquired as to whether the proposed plan meets all of the provisions of the ordinance governing car washes, and was told by Mr, Hite that all requirements have been met, Motion seconded by VanValkenburg, and unanimously carried, Planning Mrc Hite presented a resume of Planning Mr' Sketch of building was also presented. He added he has considered the objection, and that it is a serious Mr. Enroth answered that this has not: been fully Mr, VanValkenburg Rixe moved, granting Special Permit for Car Wash, as Fequested, OUT- SANITARY LATERAL SEWER NO, 189 ASSESSMENT FOR/LOT 4, CHEROKEE HILLS ADDITION, DEFERRED UNTIL USE-ager Hyde reviewed for Council. proceedings leading to assessment of Outlot 4, Cherokee Hills Addition, for Sanitary Sewer No. 189-- and owner Paul A, Jasmin's written objection to such assessment. the sewer can possibly be used in the future, Mr, Hyde recommended that/%gsf?gsrnent deferred until such time=as connection is made. by VanValkenburg and carried, Stating that Tupa so moved: Motion seconded 4/8/63 IMPROVEMENT PETITIONS ACCEPTED. submitted by Clerk, and by motion Tupa, seconded by VanValkenburg and carried, were accepted and referred to the Village Engineer for programming: The following Improvement Petitions were 7 6 SANITARY SEWER - Hansen Rd. , Benton Ave. to Grove St. SANITARY SEWER - W.56th St. to Grove St. CONCRETE CURB AND GUTTER AND ASPHALT PAVING - Johnson Dr., Grove St, to WATERMALN - Arthur St., Maloney Ave. to Haterman; Watermah Ave,, Arthur WATERl4AIN - John St., Maloney, South to cul-de-sac, OIL - Arthur St., Waterman Avei, Waterman Circle OIL - Belmore Lane, Harrison to Jackson OIL - U,66th St. , Tingdale Ave. to Normandale Road IJATERMAIN - Blake Road, Maloney Ave to Waterman Ave . Benton Ave.; Lyle Circle, Johnson Dr, to 11, end of Circle. St, to Waterman Circle; Waterman Circle . i COUNCIL SCHEDULES PUBLIC HEARING ON ROGER FINDELL REQUEST FOR REZONING OF PROPERTY AT 4246 VALLEY VIEU ROAD TO R-3 IXJLTLPLE RESIDENCE DISTRICT, Director Hite reviewed for Council Planning Commission's April 3rd action recommending that T4r, Findell's petition for Rezoning to R-3 District, €or purpose of constructing 3-unit dwelling thereon, of Lot 2, Block 1, Findell Addn. and part of Outlot 1, Hippe's Pamela Terrace--4246 Valley View Road. moved that Public Hearing be scheduled for April 22, Motion seconded by Rixe and carried . Planning VanValkenburg APRIL-22 TO BE DATE FOR PUBLIC HEARINGS ON ZONING ORDINANCE VARIANCE REQUESTS, Planning Commission Minutes of April 3 , were reviewed, recommendations having been made for the granting of the following petitions for variances from zoning ordinance requirements : 1, 2, 3. WALLACE KENNETH - Petition for 16 foot variance frm front setback line at 5509 Interlachen Blvd, EVELYN G, WARTIN - Petition for one-foot side yard setback for garaqe at 5413 York Ave, So. (from north property line). e. G. LEE - Petition for five-foot side yards (ordinance requires six foot side yards, here) at 5532 Kellogg Avenue. VanValkenburg's moiion scheduling Public Hearings on requests for zoning ordinance variances for I-Ionday, April 22, was seconded by Rixe and carried, MAR BE-RRY ADDITION PRELIMINARY PLAT APPROVED WITH STIPULATIONS AS TO LOT ELEVATION AND SANITARY SEVER. Plat of Mar Barry Addition, ai 11-lot subdivision of the old Olinger property on the north side of !lr62nd St, just east of Olinger Road. Planning Commission recommen dations, dated Apil 3, that plat be approved subject to a hinimum lot elevation of 864 feet and construction of Sanitary Sewer in I.1.62nd Street, were reviewed. with Commission's recommendations , was seconded by Tupa dnd carried. Mr, Hite presented to Council the Preliminary VanValkenburg's motion, that Preliminary Plat be approved in accordance FINAL PARKWOOD KNOLLS 12TH ADDITION PRE16L"IPTARY PLAT APPROVED SUBJECT TO VILLAGE APPROVAL OF STREET CONSTRUCTION. Council carrying Planning Commissionls April 3rd recommendation for approval This six-lot Final Plat was presented to the subject to Village approvaL of street construction* approval in accordance with Commission s recmmendation was seconded by Tu?a and carried, VanValkenburg's motion for FINAL.PLAT OF WARDEN ACRES-KISER REPLAT APPROVED. recmmendation for this three-lot subdivision of Lot 5. Warden Acres was reviewed Planning Commission's April 3rd and Tupa moved for approval of Final Plat. carried. Motion sec&ded VanValkenburg and No new streets are required, and all lots are served by sewer and water. PRELIMINARY AND FINAL PLAT OF EVANSWOOD ADDITION APPROVED. Plat of Evanswood Addition, being an eiaht-lot subdivision of Lots 43 and 44. Mr, Hite presented Auditor's Subdivision No, 325. Planning Commission has recommended, as of April 3, that Plat be approved subject to execution of standard developem' agreement and required bond theref or, and Final Plats of Evanswood Addition be approved in accordance with Planning Commission recommendations, was seconded by Tupa and carried, ' VanValkenburg's motion, that Preliminary EDI~?A-RICHFIELD-BLOO~4INGTON JOINT PLANNING COMMISSION MEETING HELD Mr , Hite directed Council's attention to Planning Cornmission Minutes of April 3, tiherein it is recorded Chairman Todd reported Joint Meeting held F3farch 27, and discussion held, with plans made for another joint meeting May 21. station and restaurant at corner of County Road No, 18 and Highway 494 has been held in abeyance by Bloomington Commission and probably will be acted on this year. He added that request for gas EDEg- PRAIRIE PLANS FOR DEVELOP!-1ENT OF COUNTY ROAD NO. 18 SOUTH OF 494 INDEFINITE, Hr. Hite reported it seems clear that Eden Prairie has no particular Dlans for 1. develo?ment of County Road No, 15, and that it will continie to appr&e building permits for industrial uses if it considers uses proper; that this brings some problems for Edina which must be considered. little or no reaction from Edina people on the uses already permitted on the Eden Paairie side of No, 18, but that we should keep informed on this. He added that there has been very 4/8/63 77 PEARCE PROPERTIES REZONING DISCUSSED. ATTORNEY BRILL ASKS FOR IMMEDIATE REZONI~ OF TRIANGLE "FOR COMMERCIAL USES OF THE KIND WHICH BOULD NOT UNDULY INCREASE THE TRAFFIC SURROUNDING IT", Attornev Josiah E, Brill. remesenting the Misses Katherine , - and Mary Elizabeth Pearce, supported his letter daGed kn3.l. 4, 1963, which: 1. Called Council's attention to the Supreme Court's action "directing the district court to insure compliance with its decision of April 11, 1960, as amended September 28, 1960, and October 24, 1960, wherein it determined that plaintiffs were entitled to use their upper parcel for community store purposes as defined in defendantIs zoning ordinances of July 24, 1959, the date of pla'intiff's petitions for such classification; and wherein it determined that plaintiffs were entitled to use their triangular parcel for commercial uses of the kind which would not unduly increase the traffic surrounding it; and that the district court retain jurisdictihn herein for all such purposes:l( 2, Informed Council that, in his opinion, the Court's decision invalidates the adoption of the proposals recommended by Planning Director Hite for enactment of changes in the community store district section of the zoning ordinance, relative to setbacks and off-street parking. 3. Suggested that if the Council is going to acquire the triangle (in accordance with the Planning Commission's recommendations) it take this action immediately, and, in the meantime comply with the Court's order respecting the rezoning of the triangle, in order that in condemnation proceedings the value of the property be made more definite, Attorney Schwartzbauer agreed with. Mr, Brill that there is a need for the Village Council to take action promptly, at least on the triangle, but that the Council should not decide whether to condemn until after the triangle is rezoned since in a condem- nation hearing the most vital question is, "What can be done vdth the property-what is its zoning?", and that it would be chaotic to have a. condemnation hearing before the zoning is known, and because the Council could not determine whether it was advisable to condemn until after the zoning is es*ablished; that if property owners are not satisfied with'the zoning established by the Council they may petition the Court for further relief, or the Council, itself, may petition the Court, the proper zoning for the property, Mr. Schwartzbauer told Council that at one time the District Court made specific findings that the triangle ought not to be zoned for a gasoline filling station, but that because of the complexity of the case it is not completely clear as to whether the District Court still feels this is true, As to Relative to the upper tract, Mr, Schwartzbauer told Council that there is no question but that the Pearce sisters may use the property for any use authorized in the community store district in June, 1959; that at any time a building permit is applied for, for such a use, this building permit should be approved without any further delay; that, however, Counsel is not advising the Village that it is powerless to change the ordinance in respect to setbacks and parking; that setbacks and parking were not an issue in this case, and that the Court said nothing whatso- ever as to whether the Council can or cannot impose reasonable requirements as to setbacks and parking-that this was not before the Court, - Village Manager Hyde inquired if it would at this time be possible to establish a setback along W,66th Street equal to that of the Woolworth Building, He reported that the Council has established a setback on France Avenue south of W.70th Street. M r. Schwartzbauer stated he believes this could be done, and Attorney Spencer said he feels that Council may establish reasonable setback or other type of requirement- but that such requirements must be reasonable, requirement be readied for adoption at the next Council Meeting, he believes the thing for the Council to do if it feels it has this right, is to apply to the Court to make this change, rather than run the risk of being in contempt, Mr. Schwartzbauer asked %hat attorneys have Council's thinking on ordinance before application is made to District Court, Mr. Hyde recommended that this Mr. Brill advised Some further discussion was had, and Trustee VanValkenburg pointed out that this matter had been pending in Court for over three years, and because of its complexity suggested that Council have an opportunity to discuss the matter of Mr. Brill's requests with its counsel; suggesting that Council have a two-week period in which to get attorneys' advice. a two-week continuance, and VanValkenburg then moved that action on requests be continued for two weeks for further study, Mr. Brill agreed to Mr. VanValkenburg's suggestion for Motion seconded by MacMillan and carried. SWIMMING POOL TICKETS FOR 1963 TO COST MORE, recommendation for 1963 increase in price in Swim Pool tickets to $12 for familv. Council reviewed Park Board's April 1st d, $5 individual and $6 for Morningside. Asked by Mr, Tupa if perham we are pricing ouhelves out of business, Mr. Hyde replied that this simply,makes Edina prices equal with those of Richfield. Relative to discussion on swimming pool operation, Mr. Tupa complimented Mr. Dalen on his report, saying he had been proud of the honesty of the report last year, and is proud of it again this year, prices for 1963 be approved. 1962 prices were $10, $4 and $5, resnectively, He then moved that recommended schedule of pool Motion seconded by Rixe and carried, 78 i 4/8/63 COUNCIL ADOPTS FURTHER REGULATIONS ON WEEDS. of an Ordinance permitting the destruction of "rank growths of vegetation" , saying that under state statute it is permissible to mow or spray noxious weeds, but that authority is not granted for destruction of high grasses and non-noxious weeds; that as the area is developed more and more calls are being received from residents who are plagued with neighboring vacant lots which are not mowed, VanValkenburg offered the following Ordinance, moving for its adoption: Nanager Hyde recommended adorition ORDINANCE NO. 143-2 . - AN ORDINANCE AMENDING ORDINANCE NO. 3.43 BY DECLARING CERTAIN RANK GROVTHS OF VEGETATION A NUISANCE THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, KtNNESOTA, ORDAINS: Village is hereby amended to read as follows: Section L, Subparagraph '(e) of Section 2 of Ordinance No. 143 of the '!(e) All noxious weeds and other rank growths of vegetation, including any grass or weeds standing over one foot high, or which have gone or are about to go to seed, situated within 500 feet of any residence or within LOO feet of any regularly travelled road or street; provided, that this subparagraph shall not be deemed to apply to weeds, grass or other growths so situated that it is extremely difficult to mow or remove them." Section 2. publication according to law, This ordinance shall take effect upon its liiotion for adoption of the Ordinancd was seconded by Mact4illan. passage and and on Rollcall - there were f ivk ayes and no nays , as follows: aye; VanValkenburg, aye; and Bredesen, aye; a 1 lan, aye; Rixe, aye; Tupa, BILLIARDS ORDINANCE STILL UNDER DISCUSSION, Parlors was briefly discussed, relative to controls to be imposed. Ordinance controlling Billiard DMCE. STUDIOS ORDINANCE TO BE DELAYED PENDING LEGISLATION. there is pending Legislation relative to conduct of dance studios, which may 14r. Hyde reported that I preclude the necessity for a Village Ordinance, whether this legislation is adopted at this session, before preparing ordinance. DISCUSSIONS HAD ON NEkI "NORTHWEST ANGLE" TRUNK WATERMAIN DISTRICT ELATIVE TO NATE-RFIATN PETITIONS FILED THIS MEETING, Village Engineer Wegner told Council that the Watermain petitions filed at this meeting have posed a problem--that these residences are outside the Trunk Watermain District established (with the exception of John Street); that they can, physically, be served fro% the trunk main-but that this so restricts the area proposed to be assessed for a trunk main coming from the East as to make the cost prohibitive tkthe balance of this proposed district; that the attorneys have indicated that we cannot connect laterals for Arthur Street, Vateman Avenue and Circle and Blake Road to the already improved trunk system now, and assess for a future trunk line when it is installed. He added he hopes to take bids on May 10 for the approved trunk and lateral system, means of giving service to petitioners (including the establishment of a trunk district for the area), but to go ahead with advertisement for bids on that portion already approved, and John Street-with Hearing on John Street before bids are taken. It was decided t; wait to see . Mr. !leper was asked by Council to investigate all possible CO-WCIL SCHEDULES PUBLIC HEARINGS ON PROPOSED IMPROVEMENTS, At Engineer's recommendation that Public Hearings be scheduled for several improvements, VanValkenburg offered the following Resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARINGS PROPOSED SANITARY SEVER AND WATERNAIN IMPROVEMENTS BE IT XESOLVED by the Council of the Village of Edina: The Village Engineer, having submitted to the.Counci.1 a nreliminary report as to the feasibility of the proposed Sanitary Sewer and Vatermain 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 to be placed on file in the office of the Village Clerk. This Council shall meet on Monday, April 22, 1963, at 7:OO P,14,, in the Edina Village Hall, to consider in public hearings the views of all persons interested in said proposed improvements. The Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper once a week €or two successive weeks, the second of which publications is to be not less than three days from date of said meeting, which notice shall be in substantially the following form: 1, 2, 3, 4/8 /6 3 NOTICE OF PUBLIC HEARINGS ON 79 '?* SANITARY SEWERS AND WATERMAINS EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, April 22, 1963, at 7.: 00 P.M. the authority granted by Minnesota Laws of 1953, Chapter 398, of said improvements is estimated by the Village as set forth below: 1, CONSTRUCTION OF VILLAGE WATERMAIN AND to consider the following proposed improvements to be constructed under ( The approximate cost . ESTIMATED COST APPURTENANCES IN THE FOLLOWING: A. Coober Ave, from Orchard Lane to Circle East- Circle West Circle East from Cooper Ave. to east line of Hilldale Circle West from Cooper Ave, to cul-dedsac Circle East from 400' north of Cooper Ave, to Spur Road from Circle East to cul-de-sac Addi t i on Circle West $ 38,058,57 B. John Street from Maloney Aver south to cul-de-sac $ 4,808.40 2. CONSTRUCTION OF VILLAGE SANITARY SEWER AND APPURTENANCES IN THE FOLLOWING: A, Cooper Aver from Orchard Lane to Circle East- Circle West from Cooper Ave, to cul-de-sac Circle East from Cooper Ave. to east line of Hilldale Circle East from 400' north of Cooper Ave, to Circle Division St, from East line of HilLdale Addn, to South line of Lot 8, Block 2, Hilldale Addn, from East line of Rolling Green Addn, from south line of Circle West Addition 'West Oxford Ave, Circle West to East line of Lot 13, Rolling Green Addn, Lot 8, Block 2, Hilldale Addn, 469' south $149,591,67 B. Grove St, from Johnson Dr, to Hansen Rd, Hansen Rd. from Hwy,#l69 to T4,60th St. IJ.6Oth St, from Hansen Rd, to Hansen Rd, On an easement line from Hansen Rd, to the inter- section of Hwy, #I69 and Ayrshire Blvd, extended s, The area proposed to be assessed for the cost of the proposed Watemain under $ 94,966.67 1-A above uncludes Lots 9 thru 17 hA.,, Block 1, Hilldale Addn.; Lots 1 thru 11 incl,, Block 2, Hilldale Addn.; Lots 1 thru 9 incl., Block 3, Hilldale Addn.; Lots 1 thru 7 incl,, Block 4, Hilldale Addn,; Lot 1, Brum's Addn.; Parcels #7400, #7600, #7800, 7518000, #223, #16lO, and #1650, all in Sec, 29, T. 117, R.21. 1-B above incLudes Lots 1 and 2, Block 1, Mendelssohn Addition Gross Replat; Lots 7 and 8, Block I, Victorsen's Interlachen; Lots 1, 4 and 5, BLock 1, Lampe's Addn.; Park of Block 22, Mendelssohn (Parcel B770) in the N1/2 of Sec.30,T.117,R.21, under 2-A above includes Lots 9 thru 17 S-ncl, , Block 1, Hilldale Addn. ; Lots 1 thru 11 incl,, Block 2, Hilldale Addn,; Lots 1 thru 9 incl,, Block 3, Hilldale Addn,; Lots 1 thru 7 incl., Block 4, Hilldale Addn,; Lot 1, Brum's Addn,; Lots 13, 14 and 15, Rollins Green; W1/2 of Block 16, Emma Abbott Park; W1/2 of Lot l, Block 1, Replat of Block I, Emma Abbott Park; Parcels #7400, #7600, #7800, #8000, #223, #1610, # #1650 all in Sec. 29, T, 117, R.21. The area proposed to be assessed for the cost of the proposed Sanitary Sewer under 2-B above includes Lot LO, Block 2, Richmond Hills 2nd; Lots 7 and 8, Block 7, Westchester Knolls; Lots 13, 14, 15, and 16, Richmond Hills 3rd; Lots 11 thru 17 incl,, Block 3, Melody Knolls 6th; Lots 5, 6, 7, and 8, Town's 1st Edina; Lots 7 thru 12 incl., Block 3, Cadets Highview Park; Lots 1, 2, and 5, Block 1, Woody Point; Lots 5, 6 and 8, Garden Park; Lots 2, 24,27,35,36,37 and 38, Warden Acres; Lots 1, 2, and 3, E.V. KloDp's; Lots 1, 3 and 4% Theo, Nelson's Addn,; Parcels #2100, #3400, a4700 in Sec. 33, T,117,R.21; Parcel #2200 in Sec. 32, T.117,$.21, and Lot 1, Block 1, Neiderloh's Addn. a The area proposed to be assessed for the cost of the proposed Watermain under The area proposed to be assessed for the cost of the proposed Sanitary Sewer GRETCHEN S, ALDEN Village Clerk Motion for adoption of the Resolution was seconded by Tupa, and on Rollcall there 4/8/63 BIDS SCHEDULED FOR BATERMAIN IMPROVEMENTS NOS. 171 AND 172 . had this evening relative to bids for the "Northwest Sec€58ntt trunk and lateral watermains, VanValkenburg offered the f allotting Resolution and moved its adoption: Pursuant to discussion 80 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR WATERNAIN IMPROVEMENTS NOS . 171 AND 172 AND DIRECTING ADVERTISEMENT FOR BIDS t- .- BE IT RESOLVED by the Village Council of the Village of Edina: forth in the following Advertisement for Bids form, heretofore prepared by the Village Engineer and now on file in the office of the Village Clerk are hereby approved. 2, Courier,and the Construction Bulletin the following notice for bids for said improvements: 1. The plans and specifications for the proposed #atemain improvements set The Clerk shall cause to be published twice in the Edina-Morningside I ADVERTISEMENT FOR BIDS TRUNK AND LATERAL WATER-IAINS SEALED BIDS will be received and opened in the office of the Village Manager in the Edina Village Hall, 4801 W. 50th St,, at 1l:OO A.M., Friday, Nay LO, 1963, and the Edina Village Council will meet at 7:OO P,M., on Monday, May 13, 1963, to consider said bids, being for the following: 1. 2. CONSTRUCTION OF VILLAGE TRUNK WATERMAIN, LATERAL CONNECTIONS THERETO, AND APPURTENANCES IN THE FOLLOWING : Commencing at a point on the West line of Parkwood Rd., said point being 251.11 feet, more or less, North of the South line of Sec, 30, T. 117, R.21; thence SWly at an interior angle measured to the right of 66OOO' from the Mest line of Parkwood Road; thence along said line a distance of 117,3' to the beginning of a curve, said curve having a delta of a22O and a radius of 303,82' a distance of 116.66'; thence Westerly along tangent of last described curve a distance of 616'; thence Northerly at right angles a distance of 1030'; thence NWly at a deflection angle of 44O15' a distance of 924'; thence Northerly 30' East and parallel to the West line of Sec, 30, T, 117, R.21 a distance of 2126' to a point 10' N of the center line of Maloney Ave, and 30' East of the center line of County Road #18; thence East along Maloney Ave. to Arthur St. Jackson Avenue from Maloney Ave. to Belmore Lane Belmore Lane from Jackson Ave. to 100' West and there terminating. CONSTRUCTION OF VILLAGE LATERAL WATERMAIN AND APPURTENANCES IN THE FOLLOWING : Washington Ave. from Maloney Ave. to North Village Limits Adams Ave. from Naloney Ave. to North Village Limits Jefferson Ave. from Maloney Ave, to North Village Limits Madison Ave. from Waloney Ave. to North Village Limits Monroe Ave. from Maloney Ave. to North Village Limits Third Street from Washington Ave, to Monroe Ave. Third Street from Van Buren Ave, to Harrison Ave, Belmore Lane from Monroe Ave. to 220' East Belmore Lane from Jackson Ave. to Van Buren Ave. Van Buren Ave. from Maloney Aver to North Village Limits Harrison Ave, from Maloney Ave. to North Village Limits Tyler Ave. from Maloney Ave. to Belmore Lane Arthur Street from Maloney Aver North to cul-de-sac Belmore Lane from Harrison Aver to Griffit Street Dearborn Street from Belmore Lane to 400' North Arthur Street from Belmore Lane to 400' North Griffit Street from Maloney Ave. to North Village Limits Blake Road from Maloney Ave, to North Village Limits Maloney Ave, from Arthur Street to Nest line Block 9, Mendelssohn Addn. John Street from Maloney Ave. to 420' North Kresse Circle from Maloney Ave. to cul-de-sac Spruce Road from Griffit St. to alley between Blocks 7 G 8, Mendelssohn Addn, John Street from Belmore Lane to Spruce Road Grove Place from Belmore Lane to Spruce Road Alley between Blocks 7 & 8, Mendelssohn Addn. from Belmore Lane to-Spruce Rd, Belmore Lane from John Street to East line of Sec, 30, T, 117, R. 21 I John Street from Maloney Ave, south to cul-de-sac Work must be done as described in plans and specifications on file in the office of the Village Clerkt (by check), which deposit will be refunded upon return of said plans and specifi- cations. bid bond or certified check payable to the Village Clerk in the amount of at least ten (10) percent of amount of base bid. any or all bids. BY ORDER OF THE EDINA VILLAGE COUNCIL. Motion for adoption of Resolution was seconded by Tupa, and on Rollcall there were five ayes and no nays, as follows: Plans and specifications are available for d deposit of $10.00 No bids will be considered unless sealed and accompanied by cash deposit, The Council reserves the right to reject GRETCHEN S, ALDEN, Village Clerk MacM.lilla d Bredesen, aye; and Resolution was a ixe, aye; Tupa, aye; VanValkenburg, 4/8/63 81 CONSTRUCTION OF FIVE WELLS FOR GROUND WATER TABLE OBSERVATION APPROVED BY COUNCIL, Village Engineer Wegner reported the request of the Board of Managers of the Nine Mile Creek Watershed District for permission to construct five wells in Edina for observation of the ground water levels. He added that they will be from 15 to 40 feet deep, in street rights-of-way, and recommended that request be granted. VanValkenburg so moved, Motion seconded by Rixe and carried. $2.500 PAYMENT TO TWIN CITY LINES FOR EXTENSION OF THIRD STREET BETWEEN MONROE AN6, HARRISON AVENUES, APPROVED, with Twin City Lines relative to extension of Third Street between Monroe and Mr. Hite reported completion of negotiations Harrison AvenLes and Everett Garrison Plat (all as explained in detail in fdinutes of Regular Meeting of May 28, 1962, Page 117, Book.25), and VanValkenburg moved that payment of $2,500 to Twin City Lines for this property be approved, seconded by Rixe and carried, Motion COUNCIL INVITED TO JOINT MEETING WITH PLANNING COMMISSION FOR DISCUSSION OF HIGH- RISE APARTMENTS POLICY. on Wednesday for a discussion on the matter of applications for high rise apart- ments; that the Council. is invited to attend, Mr, Hite told Council that Planning Commission will meet PROPOSED COURT LEGISLATION DISCUSSED, memorandum of April 3, entitled "Court Systems", some considerable discussion was had on the various proposals before the Legislature, but no action was taken. MAYOR READS PROTEST AGAINST EDINA'S STAND ON GENERAL HOSPITAL, submitted to Council letter dated March 27, from Mr, Carleton C. Hitchcock, protesting the remarks made by Manager Hyde relative to General Hospit,al, as reported by the Minneapolis Star on March 26. that motest was made because of misunderstanding of issue, and that explanation of Edina Council and Manager's stand should be given Mr. Hitchcock. CHAIRMANSHIP OF POLICE, CHIEF BENNETT APPOINTED TO/CIVIL DEFENSE ADVISORY COMNITTEE OF INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE, INC, appointment of Edina Police Chief as Chairman of the International Association of Chiefs of Police, Inc, Civil Defense Advisory Committee, by Council on apDointment, Pursuant to Trustee VanValkenburets Mayor Bredesen General feeling of Council was Mr. Hyde read for Council letter of Mr, Bennett congratulated CLAIMS. ?,AID. dated AoriL 8, 1963, was seconded by Rixe and carried: Construction Fund, -0"; Park and Park Construction Funds, $6,463.48; Waterworks Fund, $385.43; Liquor Fund, $37,027,71; Sewer Rental Fund, $169,75; P,I,R, and Poor Funds, $887.77; TOTAL, $55,635,53, Tupa's motion for payment o€ the following Claims, as per Pre-List General Fund, $10,701;39; COUNCIL APPROVES TRANSFER OF FUNDS TO PARK CONSTRUCTION FUND. Dalen asked for authority to transfer $200,000 from Liquor Fund and $POO,OOO from Finance Director General Fund to Park Construction Fund. Resolution and moved its adoption: VanValkenburg -offered the f ollo&g RESOLUTION TRANSFERRING FUNDS TO PARK CONSTRUCTION FUND the Manager, Clerk and Treasurer are hereby authorized and directed to transfer the sum of $200,000 from the Municipal Liquor Store Fund and $200,000 from the General Fund to the Park Construction Fund; such sums being hereby found and determined to have been actually received in these funds in excess of the estimates upon which the current budget is based, and to represent unencumbered balances in these funds; and such moneys are hereby aDpropriated and shall be expended from the Park Construction Fund for the payment of costs of Dark construction heretofore ordered and contracted for, provided that the Council reserves the power to re- appropriate and transfer such moneys from said Construction Fund when and as other moneys are available for the purposes of that fund from the proceeds of sale of bonds heretofore authorized for park construction. BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that Wotion for adoption of Resolution was seconded by Tupa, and on RollcaLl there were ayes and no nays, as follows: MacMil lkenburg, aye; and Bredesen, aye; and ye; Rixe, aye; Tupa, aye; TREASURER'S REPORT DATED FEBRUARY 28, 1963, AND LIQUOR FUND STATEMENTS DATED JANUARY 31, 1963 were submitted, approved, and ordered placed on file, There being no further business on the agenda, Tupa moved for adjournment. seconded by MacMiLlan and carried, Adj ent at 9:50 P.M. Motion