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MINUTES
VILLAGE
AT 7:OO
10/7/63
OF THE REGULAR MEETING OF THE EDINA
COUNCIL, HELD MONDAY , OCTOBER 7, 1963 h
-* 4" P.M., AT THE EDINA VILLAGE HALL.
. d' Members answering Rollcall were Rixe, Tupa, VanValkenburg and Bredesen.
MINUTES of the Regular Meeting of Septeinber 23, 1963, were approved as submitted,
by Motion VanValkenburg, seconded by Rixe and carried.
COUNCIL CONDUCTS HEARINGS ON PROPOSED ZONING CHANGES: TABLES PROPOSITION TO
INCLUDE CLUBS AND LODGES AS PRINCIPAL USE IN OFFICE BUILDING DISTRICT, IN FAVOR
OF PROPOSED llINSTITUTIONAL'DISTRICT1lb
in Edina-Morningside Courier and posted, Council conducted Public Hearings on the
following zoning matters:
Pursuant to "Notice of Hearings", published
-
1. PROPOSED AMENDMENT TO ZONING ORDINANCE TO PERMIT CLUBS AND LODGES AS A
PRINCIPAL USE PERMITTED IN THE OFFICE BUILDING DISTRICT: AND
DISTRICT TO OFFICE BUILDING DISTRICT, of a Tract located at the Southwest Corner
2. THE PETITION OF EDINA MASONIC LODGE FOR REZONING FROM OPEN DEVELOPMENT
of W.70th Street and Highway 100.
These two Public Hearings were held together.
Planning Director Hite opened the Hearings by reporting to the Council that
Clubs and Lodges are now permitted in the "Office Building District" by Special
Permit; .
review by the Council before locating on any particular tract; and that inas-
much as Minaesota Courts have ggnerally ruled that Special Permits are invalid
in this State,
Use" in the Office Building District. He added that, with reference to the
petition by Edina Masonic Lodge, concern seems to Have developed on the basis'
that the property will be'.zoned "Office Building District" and could be sold
as such, should the Masons be unable to develop; or could be sold a€ a later
time .
definitely feels that there should be a review made by Commission and Council;
that this might be had in other ways than providing for their inclusion in
the Office Building District--either hg a permitted use in the Open Development
District, or by establishment of an entirely new'"1nstitutional District", in
which would be included churches, lodges, schools, etc.
Mr. Bob Kelly, representing South Gardens Estates Association, reported that
the Association has evaluated various uses for the Roberts Gravel Pit; that it is
proposed that part of this land be zoned "Office Building DistriCt" and that the
Association would like the opportunity to review and discuss the new proposed
amendment before such zoning takes place.
Temple within 500 feet of his residence.
to the South, where the property is already commercially zoned.
Corner of Highway No. 100 and W.70th Street, stating that this area will be affected
by the proposed interchange at this corner.
surrounding the land proposed for rezoning, reporting that the Northwest corner
is now vacant, as is the Southeast corner; the Northeast corner containing the
Presbyterian Church.
Commission has received many requests for non-residential use of this property,
including gasoline stations and a medical building; that the Planning Commission
&eels the use proposed by Masonic Temple is a good one, and has recommended approval,
subject to access on either proposed frontage road or on W.70th Street east of
Rabun Drive and approval by Commission of building and site plans and the use of
that portion of the property not used by the Lodge building.
that the building will be used for regular lodge meetings and some social activities;
that its useage will be comparable to that of a church; that, with very few exceptions
activitdes will be conducted between 7:30 and 10:30 P.M.; that, because Masonic Law
expressly prohibits it, there will be no liquor allowed on the premise's.
A Mrs. Anderson from Brookview Heights requested that Council give serious
consideration to requiring adequate parkin,g.
residents had had with parking for blocks around the Masonic Temple during DeMolay,
pancake breakfasts, etc.
parking lot behind the building.
commercial uses on residential property.
for others to secure commercial zoning along W.70th Street, to the West, if this
petition is honored.
Mrs. Arnold Turk, 5104 W.70th Street, reported she bought her property upon
assurance from Village Hall that the property now under consideration for rezoning
was zoned residential and never would be anything else; that she does not want her
home across from apartment buildings or garages and feels that rezoning should not
be considered .
that the Commission did feel that Clubs and Lodges, etcb do need
the Commission felt that they should be included as a "Principal
As to private 'clubs and lodges, generally, Mr. Hite advised the Commission
Dr. Lundeen, 4909 Aspasia Lane, told Council he does not want the Masonic
He suggested that it be located farther
Mr. Hite then reported on the proposal for Zoning the tract at the Southwest
He reviewed in detail the area
As to the site proposed to be rezoned, IvIr. Hite reported the
Mr. Clyde Hegman, Chairman of the Board for Edina Masonic Lodge, reported
She cited troubles Minneapolis
Mrs. Anderson was told the plan is to build a large
Mrs. H. T. Willette, 5100 W. 70th Street, objected to the encroachment of
She reported she feels it will be easier
2 1.0 10/7/63
ill. Ur, J.H, Taylor, 5032 W.70th St., told Council he objects to having to come to
Council Neeting continually, to fight proposals for commercial enterprises; that he
is afraid that if Lodge is able to build in this area, commercial interests will be
able to force the zoning of the entire area for commercial and industrial establish-
ment s .
Temple as a "change" from residential use, Hr. Hite asked that it be made clear that
the Planning Commission feels this operation is comparable to that of a church and
will not be detrimental to a residential area; that the Commission does not regard
this useage as either commercial or industrial use of the land, Mr. Hyde added we
have never had an application for use of the tract for either single family or
double residences,
he feels the Planning Commission took action only because the option of the Hasonic
Lodge was about to expire.
investigation on the effect of the proposed Masonic Temple 0; property values in
the neighborhood; that real estate people tell him that if the property must be
other than residential neighbors would be better off to have office buildings,
where the business is done during the day.
the Planning Commission and the Council; that he feels there is no necessity for
changing the zoning of the area immediately next to this property, simply because
the Nasonic Lodge is located at this site,
the south of this*tract.
south will develop for residential use; however, the property along W.70th Street
will be for multiple dwellings. He added that each owner in this area has made a
request to the Commission for at least multiple family dwellings.
Mr. R. 17. Doyle, 5028 W.70th St., reported that in 1961he had purchased his
property after speaking with Messrs. Hite and Todd, who told him at that time that
the property on N.7Oth Street was zoned residential and that they felt they could
guarantee this use south to 74th Street.
Industrial District, Office Building and Nultiple Residence Zoning on the Nelson
Farm, explaining that M.7Oth Street residents had agreed to this because they had
been told that this rezoning would make it easier to maintain R-1 zoning on I.1.70th
Street. Saying that only three members of the Commission had voted for recommend-
ing this proposal to the Council, Mr. Doyle requested that the proposal be referred
back to the Commission for a vote by all members thereof, after proper evaluation
determining parking lot size and the exact site ofcthe building.
understand why the Masonic Temple cannot be located in an area already zoned for
this type of use, Mr. Doyle asked that, in the interests of the residents on W.70th
Street, this zoning not be made, He added that the N.7Oth Street homeowners are
so concerned that they have retained counsel to protect their rights; then
introduced Attorney David F. Fitzgerald, who 'cited several recent zoning cases in
support of the contention that, while property owners do not have any contractual
right to have zoning remain as it is, they do -have a right to rely on continuance
of such zoning providing the land is suitable for the uses in such zone--and that
there is no reason why this particular land is not suitable for Tesidential zoning.
Village Attorney Hasselquist , stating there seems to be a misunderstanding on
the part of the residents as to the type of zoning they enjoy, reported that their
entire area (and most other areas of the Village) are not zoned llresidentialll, but
"open development" district-which district includes operations comparable to that of
the Masonic Temple-schools , churches , parish houses, grange halls.
Mayor Bredesen inquired as to whether a permit could be issued without any
zoning, and lilr. Hite answered he feels that an interpretation of the Ordinance is
needed, here, inasmuch as "grange hall" is definitely listed as one of the permitted
uses, whereas "clubs and lodges" are not so listed.
which will not be used for the building and parking lot.
entire corner will be very expensive to maintain. I4r. Hite reported that the Masons
do not need the entire tract, and do intend to sell some of it; that the Zoning will
apply H to only that portion of the tract needed for their building, parking lot
and access.
to dispose of "the Westerly part of the area.
Trustee VanValkenburg moved that at the next Regular Heeting, being October 21,
this Council consider an amendment to the killage Zoning Ordinance to establish an
''Institutional Districtf1, and that Hearing on petition of Masonic Lodge for Rezoning
be continued to October 21.
Saying that at least two persons have already mentioned the proposed Masonic
Mr, Bill Duggan, whose mother owns property at 5020 W.7Oth Street, told Council
He added that, since that the he has made some
tiayor Bredesen informed audience that zoning has been taken seriously by both
Trustee VanValkenburg inquired as to the plans for use of the area directly to
Mr. Hite reported the Commission feels the property to the
He reviewed for Council the "Planned
I Saying he cannot
-
A lady asked about the Masons' future disposition of that part of the property
She added she feels-this
Mr. Hegman confirmed Mr. Hite's statements, saying the Nasons expect
Motion seconded by Rixe +nd carried.
COUNCIL REZONES "TRACT H", REGISTERED LAND SURVEY NO.' 1050, FROI-l PLANNED INDCSTRIAL
DISTRICT TO OFFICE BUILDING DISTRICT.
Rauenhorst Construction Company for the Rezoninn from Planned Industrial District
Public Hearing was conducted on petition of
to Office Building District- of- "Tract HI1, Registered Land Survey No. 1050--lo,cated
at the Northwest Corner, Boundary Blvd. and Computer Avenue,
of Publication and Posting, which were reviewed and ordered placed on file, Planning
Director Hite reported the Planning Commission has recommended favorably on the petition.
No objections were made from the floor, and none had been filed prior to'Hearing, Tupa
offered the following Ordinance, moving that Council dispense with second reading and
Clerk presented Affidavits
10 /7 /36 21% adopt Ordinance as submitted:
ORDINANCE NO. 261-78 I AN ORDINANCE AMENDING ORDINANCE NO. 261 (ZONING ORDINANCE)
OF THE VILLAGE OF EDINA, ESTABLISHING ADDITIONAL OFFICE
, BUILDING DISTRICT
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Revised Ordinances of the Village of Edina, as amended, is hereby further amended
by adding at the end of paragraph 1 of said Section 10, an additional sub-paragraph
as follows:
Section 1. Section 10, Office Building District, of Ordinance No. 261 of the
"(f)
Section 2. This ordinance shall be in full force and effect from and after
Tract H, Registered Land Survey No. 1050.
its passage and publication according to law.
Mofion for waiver of second reading thereof and for adoption of Ordinance as submitted
was seconded by Rixe,.and on Rollcall there were four ayes and no nays, as follows:
'
en, aye; and the Ordinance was
STORM SEWER IMPROVEMENT NO. 69 ASSESSMENT HEARING CONTINUED FROM SEPTEMBER 23: ASSESS-
MENT APPROVED.
Improvement (Hawkes Lake Outlet Sewer and Laterals) pursuant to an objection by Mr.
Howard Green that his property does not drain to the system. Village Engineer.Hite
explained to the Council that an investigation has been made by the Engineering
Department; that Mr. Green's property does drain to the stub line which was
constructed through an easement to drain the rear property of Mr. Green and his
neighbors; that the lots in this particular area between Grove Street and Benton
Avenue are sufficiently deep to be divided, and that this storm sewer will drain
the future street.
the inlet is too high to drain the area, the owners do not propose to divide their
properties and did not want the storm sewer installed in the first place.
his arguments, Mr. Green, whose address is 5417 Grove St., presented opposition
petition signed by himself and eight other residents of this immediate area.
Hite presented topographic maps, showing drainage from the property to the storm
sewer line.
sewer, VanValkenburg moved for approval of assessment as tabulated.
by Rix and unanimously carried. (See Resolution of later in Meeting, Adopting and
Confirming Assessment).
Hearing had been continued on the assessment for this Storm Sewer
Mr. Green vehemently disputed Mr. Hite's statements, saying
To support
Mr.
Basing his action on the top0 maps showing drainage to the storm
Motion seconded
EUBLZC.HEAR1NG ON PROPOSED ASSESSMENT FOR STREET IMPROVEMENT NO, BA-50 CONTINUED
UNTIL OCTOBER 21.
September 23rd because of objectim by residents to giving the Good Samaritan
Methodist Church "corner lot" assessment relief; that, on checking, the Village
finds it cannot assess the Church for the street surfacing because the Church
gave an easement for its 30 feet of Wycliffe Road on condition that it be assessed
for no street improvements except curb and gutter. Mr. Hyde recommended that the
Church be assessed at $3.47 per foot for 410 feet along Wycliffe Road, and that
the balance of the assessment be made against the properties at $9.52 per assess-
able fiat. Mr. Austin D. Norton, representing Good Samaritan Church, objected to
the residents being assessed the "church's share" of the street improvement, saying
that, had the street been condemned as was originally contemplated by the Village
when the Church refused to give land for street, the Village would have paid for
the land from the General Fund--that, because the Village did not assure itself
by legal means that the developers of Edina Highlands Lakeside Addition would pay
the cost of the improvement, this does not mean the present property owneTs in the
Addition should be required to pay it. He stated he feels the only fair way to
rhake the assessment is to determine the amount of assessment for street surfacing
and for the Village to pay the Church's share and assess the balance. Mr. Norton
also objected to what he called the "loading" of the assessment by including in
the cost of the project a 10% Engineering and Clerical Charge and adding "Capitalized
Interest".
where a street is put in along a section line, for properties on either side of the
line to be required to dedicate half the street; that, had the property been condemned
for street purposes the condemnation award and costs could have been assessed; that
because the developers installed sanitary sewer and water in Edina Highlands Lakeside
Addition at their own expense they had no obligation to pay for the street surfacing,
but that they did petition for street surfacing with the understanding that the lots
in Edina Highlands Lakeside Addition would be assessed for the entire cost of the
project, relieving the Church from the assessment therefor; that TOMePaaSan and
Spring Company were the sole owners of Edina Highlands Lakeside Addition at the time
this petition was presented, but that many lots have been sold off since petition was
entered.
not incorporated with BA-49, and Mr. Richard Curry, 5712 Ffycliffe Road, asked for
Manager Hyde reparted that this Hearing had been continued from
,
Planning Director Hite informed Council that it .has been general policy,
Mr.-John Manning, 5617 Wycliffe Road, inquired as to why this project was
10/7/63
another two weeks' delay on the part of the.Counci1 in taking action on the
assessment, in order that residents might retain counsel to study their rights.
VanValkenburg moved that Public Hearing be continued until October 21.
seconded by Tupa and carried.
COUNCIL LEVIES SEVERAL SPECIAL ASSESSMENTS AFTER PUBLIC HEARINGS THEREON. Clerk
presented Afidavits of Publication in Edina-Morningside Courier September 19 and
26, 1963of several "Notices of Hearings on Assessments", which affidavits were
approed as to form and ordered placed on file,
Hearings were conducted, and Councilsaction was taken as hereinafter recorded:
75 - On Platterl Road between Wycliffe Road and Tracy Avenue from Warden Avenue
Broadmore 2nd Replat, etc., all according to Notice of Hearing, Tabulation of
Assessment was read by Village Manager, $14,173.99 being the Total Assessable.
Cost, proposed to be assessed against 349,975 Sq. Ft, , for $,0405 per Sq.Ft. ,
as comared with $.0404 Estimated Cost given at Assessment Hearing.
request of Mr. Austin D, Norton, representing Good Samaritan Methodist Church,
a Vu-Graph Slide was shown, of the route of the improvement and the assessable
district, which inc1udes.a portion of the Church property. No objections were
&de fmm the floor, and no written objections had been received prior thereto,
VanValkenburg moved for approval of Special Assessment, blotion seconded by Tupa
and carried.
Assessment).
- 70 - In Interlachen Blvd., Hollywood Rd., Rutledge Ave., Cleveland Ave., Brookside
Ave., Division St. Area--all according to Notice of Hearing. Tabulation of Assess-
ment was read, showing Total Assessable Cost at $83,193.95, proposed to be assessed
against 2,165,945 Sq. Ft., for s.03841 per Sq.Ft., as compared with s.047 Estimated
Cost as given at Improvement Hearing.
Council the Storm Sewer does not benefit her in the least; that the watep from
her lot drains to a ttlakelf in her neighbor's yard. 14r. George Foster reported
that his property is not benefited because the inlet, Northwest of his property,
is hi& than his lot; that he can see this everytime it rains; that water drains
throu@his property.
reported having received questions concerning charges for Blacktop Replacement;
that there are no duplications of charges,
investigation and correction by the Village Engineer of assessment or construction,
as the case may be, relative to the two complaints received at this Hearing, was
seconded by Tupa and unanimously carried.
Adopting and Confirming Assessment).
- 62. - In Eden Avenue-Arcadia Avenue Area, all according to Notice of Hearing.
Tabulation of Assessment was read, showing Total Assessable Cost as $32,166.52,
proposed to be assessed against 3,840,320 Sq. Ft., at $.008376 per Sq. Ft. for
Residential Properties; $,01675 per Sq. Ft, for Commercial Properties, as compared
with Estimated Costs of $.006 and $.015 per Sq.Ft.. respectively, given at Improvement
Hearing.
had been received prior to the Hearing. VanValkenburg's motion approving assessment
as tabulated was seconded by Tupa and unanimously carried,
in Meeting, Adopting and Confirming Assessment).
- 182 - In Eden and Arcadia Avenues, all as set forth in Notice of Hearing.
costs for this project are divided and assessed in three different ways, as
tabulated in the proposed assessment, as follows:'
Motion
Pursuant to said Notices, Public
1. PUBLIC HEARING ON PROPOSED ASSESSBENT FOR STORM SEWER Il4PROVEMENT NO.
Grove Street; In Grove Street from.platted Road to West line of Lot 5, Block 1, I *
At the
(See Resolution of later in Meeting, Adopting and Confirming
2. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR ST0IU.I SEWER IWROVEMENT NO.
Mrs. E. Chaska, 4512 Brookside Avenue, told
No other objections were filed from the floor. Mr. Hyde
VanValkenburg's motion, that Assess-
ii ment hr Storm Sewer Improvement No, 70 $e,approved as tabulated, subject to
(See Resolution of later in Meeting,
30 BUBLIC HEARING ON PROPOSED ASSESSMENT FOR STORI4 SEWER IMPROVEMENT NO,
No objections were registered from the floor, and no written objections
(See Resolution of later
4 PUBLIC HEARING ON PROPOSED ASSESSMENT FOR SANITARY SEWER IMPROVENENT NO
The
A. COST OF FORCE MAIN AND LIFT-STATION - $27,069.12, proposed to be assessed
against 1,413,531 Assessable Sq, Ft. at $.01915 per Sq.Ft., as aompared with
Estimated Cost of $ , 0 216 7 given at Improvement Hearing.
aainst 2,902.9 Assessable Front Feet, for $4.92 per Assessable Foot, as compared
with $7.14 Estimated Cost given at Improvement Hearing.
assessed against only those properties which received these connections, being
33 connections at $152.97 per Connection, as compared with $184.00 Estimated Cost
given at Improvement Hearing,
There were no objections registered from the floor, and no written objections had
been
of later in Meeting, Adopting and Confirming Assessment).
In Eden Avenue from Highway No. 169 and in Arcadia Avenue from Eden Avenue to
Hopkins Road, all as set forth in Notice of Hearing.
read showed Total Assessable Cost of $4,992.08, proposed to be assessed at the rate
of $499.04 for each of two 6'l cast iron connections, and $159.76 for each of 25
3/4" copper connections, as compared with $302.00 and $82.00 respectively, Estimated
Costgtven at Improvement Hearing.
B. COST OF SANITARY LATERAL SEGIER - $14,282.27, proposed to be assessed
B C. COST OF SANITARY SEWER SERVICE CONNECTIONS - $5,048.01, proposed to be
ceived prior to the Hearing. VanValkenburg's motion that Assessment be
approved as tabulated was seconded by Tupa and unanimously carried. (See Resolution I
5. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR WATERHAIN IMPROVEMENT NO. 160 -
Tabulation of Assessment as
No objections were registered at fhe Hearing,
10/7/63 213 and no written objections had been received prior thereto.
motion that Assessment be approved as tabulated was seconded by Tupa and unanimodkly
carried. (See Resolution of later in Meeting, Adopting and Confirming Assessment).
Concrete Paving with Integral Curb in Eden Avenue from Highway No. 169 to Highway
No. 100.
Cost proposed to be assessed against abutting property to be $20,875.68, proposed
to be assessed-at $6.54 per Front Foot, against 3,192 Assessable Feet, as compared
with Improvement Hearing Estimate of $6;17. That portion of the Total Assessable
Cost proposed to be assessed on an area-wide basis was read at $63,451.04, proposed
to be assessed against 1,586,276 Assessable Square Feet, for $.04 per Sq.Ft., as
compared with $.038 Improvement Hearing Estimate. No objections were registered
from the floor, and no written objections had been received prior thereto. Tupa's
ni6tion approving Special Assessment as tabulated was seconded by VanValkenburg and
unanimously carried. (See Resolution of later in Meeting, Adopting and Confirming
Assessment).
In Cherokee Trail, Navaho Trail, Indian Hills Road and Indian Hills Pass, all as
set forth in Notice of Hearing.
Assessable Cost as $27,639.20, proposed to be assessed against 90 connections
for $690.98 per Connection, as compared with $1208.46 Estimated Cost given at
Iqprovement Hearing.
objections had been received prior thereto. VanValkenburg's motion approving
assessment as tabulated was seconded by Tupa and unanimously carried.
Resolution of later in Meeting, Adopting and Confirming Assessment).
In Barrie Road from W. 65th Street to 460 Ft. South. Tabulation of Assessment was
read, showing Total Assessable Cost as $3,481.37, proposed to be assessed against
3x33355 Assesaable Sq. Ft. for $.01111 per Sq. Ft., as compared with $.01741 Estimated
Cost given at Improvement Hearing. No objections were registered from the floor, and
no written objections had been received prior to Hearing. Tupa's motion that Assess-
ment be approved as tabulated was seconded by VanValkenburg and unanimously carried.
(See Resolution of later in Meeting, Adopting and Confirming Assessment) .
VanValkenburg's .i 6, PUBLIC HEARING ON PROPOSED ASSESSMENT FOR STREET IMPROVEMENT NO. E-10 -
Tabulation.of Assessment was read, showing that portion of Total Assessable
7. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR WATERMAIM IMPROVEMENT NO. 164 -
Tabulation of Assessment was read, showing Total
No objections were registered at the Hearing, and no written
(See
8. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR SANITARY SEiER IMPROVEMENT NO. 204 -
9 . PUBLIC HEARING ON PROPOSED- ASSESSMENT FOR SANITARY-SEWER IMPROVEMENT NO. 207 -
In Easement between Arthur Street and Griffit Street, as set forth in Notice of Hearing.
Tabulation of Assessment read, showing Total Assessable Cost at $3,939 .OO, proposed to
be assessed against three connections, €or $1,313 .OO, as compared with $1,399.52
Estimated Cost given at Improvement Hearing.
Heaking, and no written objections had been filed prior thereto. Tupa's motion
approving assessment as tabulated was seconded by VanValkenburg and unanimously
carried.
In Halifax Avenue fr0m.a point in existing Storm Sewer line 330 feet South of W.54th
St; thence South to a point three feet North of the South line'of Lot 1, Block 4,
Elmwood Terrace; thence West to Minnehaha Creek. Tabulation of Assessment was read,
showing Total Assessable Cost to be $6,099.04, proposed to be assessed against 214,755
Assessable Sq.Ft., for $.0284 per Sq.Ft., as compared with Improvement Hearing Estimate
of $.0295.
prior thereto.
Rixe and unanimously carried.
Conf ir@ Assessment . )
In W. 65th Street from France Avenue to Valley View Road; this assessment to be
levied against properties in Southdale Office Park and Southdale Office Park 2nd
Addition as agreed upon by property owners, the Total Assessable'Cost being
$10,145.49.
prior thereto.
VanValkenburg and unanimously carried.
and Confirming Assessment . )
In West Shore Drive from W.70th St. to Dunberry Lane and Dunberry Lane from Creston
Road to West Shore Drive.
to be assessed against 1,033 Assessable Feet, for $6.61 per Foot, as compared tjith
$9.23Estimated Cost given at Improvement Hearing. IJir. T. K. Cartier, 6836 Creston
Road, and Mr. William Gaskill, 6825 West Shore Drive, asked that corner lots be
@veri the Ill/& corner lot relief"; inasmuch as their properties have had full
assessment on one side of corner.
seven corner lots and two interior lots.
Hearing be continued to October 21, for study on proposed assessment.
seconded by Rixe and carried.
W.44th Street from Browndale Avenue to Coolidge Avenue, etc., all as set forth in
Notice of Hearing.
Surface Treatment costing $3,099.64 and proposed to be assessed at $5.22 per
Assessable Foot (compared with Improvement Hearing Estimate of $6.15); the Curb and
Gutter costing $2,135.28, proposed to be assessed against 688.8 Assessable Feet for
$3.10 per Foot (as compared with Improvement Hearing Estimate of $3.34); and the
Sidewalk Repair costing $607.24.
No objections were registered at the
(See Resolution of later in Meeting, Adopting and Confirming Assessment).
10. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR STORM SEWER IMPROVEMENT NO. 76 -
No Objections were registered at the Hearing, and none had been received
Tupa's motion, approving assessment as tabulated, was seconded by
(See Resolution of later in Meeting, Adopting and
11, PUBLIC HEARING ON PROPOSED ASSESSMENT FOR STREET IMPROVEMENT NO. BA-33 =
No objections were registered at the Hearing, and none had been received
Tupa's motion, approving assessment as tabulated, was seconded by
(See Resolution of later in Meeting, Adopting
12. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR STREET IWPROVEMENT NO. BA-46 -
Total. Assessable Cost was given as $6,828.13, proposed
In this particular improvement, there are
After"some discussion, Tupa moved that
Motion
13. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR STREET IMPROVEMENT NO. BA-47 - In
Total Assessable Cost was given as $5,842.16, the Bituminous
There were no objections registered at the Hearing,
214 10/7/63 -~
and none had been received prior thereto.
as tabulated, was seconded by VanValkenburg and unanimously carried.
Resolution of later in Heeting, Adopting and Confirming Assessment).
In Ayrshire Blvd., Mirror Lakes Drive, Dundee Road, W.56th St., etc., all as
set forth in yotice of Hearing. Tabulation of Cost was read, showing $46,830.23
as the Total Assessable Cost, proposed to be assessed against‘5,030.1 Assessable
Feet, s9.31 per Foot, as compared withs$9,87 Improvement Hearing Estimate.
No objections were registered at the Hearing, and no written objections had
been received prior thereto. Rixe’s motion, approving Assessment as tabulated,
was seconded by VanValkenburg and-carried. (See Resolution of later in Meeting,
Adoptingand Confirming Assessment. )
In Goya Lane.
as $5,037 .lQroposed to be assessed against 784.6 Assessable Feet, for $6.42 per
Assessable Ibot, as compared with Improvement Hearing Estimate of $8.75.
objections were registered at the Hearing, and none had been received prior
thereto.
In Ryan Avenue from W.62nd Street to Valley View Road.
was read, showing Total Cost at * $10,000.60, proposed to be assessed against 1,290.4
Assessable &st, for $7.75 per Foot, as compared with Improvement Hearing Estimate
of $12.12, No objections were registered at the Hearing, and no written objections
had been received prior thereto. Tupa’s motion approving Assessment as tabulated
was seconded by Rixe and unanimously carried, (See Resolution of later in Meeting,
Adopting and Confirming Assessment ,
Rixe’s motion, approving Assessment
(See,
14. PUBLIC HEARING ON PROPOSED ASSESSIIIENT FOR STREET IWROVEtENT NO. SA-52 - c
15, PUBLIC HEARING ON PROPOSED ASSESSMENT FOR STREET IMPROVElENT NO. BA-53 -
I Tabulation of Assessment was read, showing Total Assessable Cost
NO
-%
(See Resolution of later in Meeting, Adopting and Confirming Assessment. )
16. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR 5TMET IMPROVEMENT NO. BA-54
Tabulation of Assessment
-
-17. PUBLIC HEARING ON PROPOSED ASSESSNENT FOR STREET IMPROVEMENT NO. BA-55 -
In Wilryan Avenue from Valley View Road to 1015 feet South, and in W.62nd Street
from Wilryi Avenue to Valley View Road.
$23,510+19, proposed to be assessed against 2,101 Assessable Feet, €or $11.19
per Assessable Foot, as compared with Improvement Hearing Estimate of $11.92.
Manager Hyde reported receipt of one written objection, being that of Mr. Geo. S.
Ridge, 5108 N.62nd Street, that his driveway had not been finished; that the
Engineers &de an inspection today and find -Mr. ‘Ridge * s complaint justified;
that the driveway will be finished.
as to the scope of the work; was informed that Rolf Ave, and Roberts Place are
not &wluded, as was first contemplated. No other objections were registered.
XnValkenburgls motion, that Assessment be approved as tabulated, was seconded by
Tupa and unanimously carried. (See Resolution of later in Meeting, Adopting and
Confirming Assessment.)
In Lexington Avenue from Wooddale Avenue to St.Johns Avenue.
Co$t read at $2,904.30, all to be assessed against Colonial Church of Edina.
objections registered at the Hearing and none received prior thereto.
burg ’ smution approving Assessment as tabulated was seconded by Tupa and unanimously
carried. (See Resolution of later in Meetingz Adopting and Confirming Assessment.)
In Naterman Avenue from Blake Road to 813 feet East, Total Assessable Cost read as
$4,564.55, 24.5% of which is proposed to be assessed against Interlachen Club which
uses this street as access to parking lot, and 75.5 against residential property
owners at $3.88 per Assessable Foot. There were no objections registered against
the proposed assessment, but one inquiry was made as to whether anything has been
done to slow traffic down.
street was surfaced that it would become a speedway, and that this has happened.
Mr, B&en informed him it is difficult to control speed on this short strefch.
Tupa’s &tion approving Assessment as tabulated was seconded by VanValkenburg and
unanbsly carried.
VanValkenburg then offered <he following Resolution .and moved its adoption:
Total essessable Cost was read as I
Mr. C, D. Johnson, 5105 W.62nd St., inquired
I 18. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR STREET IMPROVELENT NO. A-153
Total Assessable
No
VanValken-
19. PUBLIC HEARING ON PROPOSED ASSESSI-iENT FOR STFLEET IMPROVEMENT NO. A-154 -
This gentleman added he had informed Council before
(See following Resolution Adopting and Confirming Assessment.)
RESOLUTION ADOPTING AND C0NFIR”G ASSESSMENTS
SANITARY SEI*?ER INPROVEtSENTS NOS. 182, 204, 207;
STORM SEVER IMPROVEEIENTS NOS, 62, 69, 70, 75, 76;
BATERMAIN IMPROVEMENTS NOS. 160, 164; AND STREET
BA-52, BA-53, BA-54, BA-55 AND E-10. I IMPROVEMENTS NOS, A-153, A-154, BA-33, BA-47,
BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows:
It is hereby found, determined and declared that the proposed assessments
for SANITARY SEWER DfPROVEMENTS NOS, 182, 204 AND 207; STORM SEWER IPQROVEMENTS NOS. 62,
XOS. A-153, A-i54, BA-33, BA-47, BA-52, BA-53, BA-54, BA-55 AND E-10, and each of them,
have been calculated in accordance with the provisions of Minnesota Statutes Section
429.051 and 429.061; that notice has been duly published, as required by law, that this
Council would meet to hear and pass upon all objections, if any, to amend said proposed
assessments as might be necessary, and to adopt the same by resolution; that said pro-
posed assessments have at all times since their filing been open for public inspection,
and opportunity has been given to all interested persons to present their objections;
and that each of the lots, pieces and parcels of land enumerated in the respective
assessments was and is specially benefited by the construction of the, improvement
1,
69, 70, 75 AND 76; WTERNAIN IMPROVEMENTS EOS. 160 AND 164, and STREET IMPROVEMENTS
lo/ 7/63 p F :*s _ii a for which Such assessment is levied in the amount set opposite the description
of each such lot, piece and parcel of land, respectively. TL.
2. The amounts so set out are hereby levied against the respective lots,
i pieces and parcels of land described in said respective assessments, and said pro-
posed assessments are hereby adopted and confirmed as the proper special assessments'
for said improvements, respectively, The assessment against each lot, tract or parcel,
together with the interest accruing on the full amount thereof from time to time unpaid,,
at the rate of five percent per annum from the date of this resolution, shall be a lien
concurrent with general taxes upon the property described therein and all thereof.
3. The total amount of each such assessment for STREET IMPROVEMENTS NOS.
A-153 and A-154 shall be payable in equal annual installments extending over a period
of five years, the first of said installments, together with interest on the entire
assessment from the date hereof to December 31, 1964, to be payable with general
taxes for the year 1963, and one of the remaining installments, with one year's
interest on that and all subsequent installments, to be payable with general taxes
for the years 1964 through 1967, collectible in the respective ensuing years.
4. Total amount of each such assessment-for SANITARY SEWER IMPROVEMENTS
NOS. 182, 204 and 207; STORM SEk7ER IMPROVEMENTS NOS. 62, 69, 70, 75 and 76; G7ATER-
MAIN IMPROVEMENTS NOS. 160 and 164; AND STREET IMPROVEMENTS NOS. BA-33, BA-47, BA-52,
BA-53, BA-54, and BA-55 shall be payable in equal annual installments extending over
a period of ten years, the first of said installments, together with interest on the
entire assessment from-the date hereof to December 31, 1964, to be payable with the
general taxes for the year 1963, and one of the remaining installments, with one
yearls interest on that and all subsequent installments, to be payable with general
taxes for the years 1964 through 1972, collectible in the respective ensuing years.
shall be payable in equal annual installments extending over a period of fifteen
years, the first of said installments, together with interest on the entire assess-
ment from the date hereof to December 31, 1964, to be payable with general taxes for:
the year 1963, and one of the remaining installments, with one year's interest on
that and all subsequent installments, to be payable with general taxes for the years
1964 through 1977, collectible in the respective ensuing years.
owner of any lot, piece or parcel of land assessed hereby may pay the whole of such
assessment or any installment thereof without interest to the Village Treasurer and
thereafter such payment may be made with accrued interest, to the County Treasurer;
provided that if any assessments or installments thereof be prepaid to the Village
Treasurer, she shall promptly notify the Village Clerk and County Auditor, and the
assessment or installment so prepaid shall be cancelled on the books of the County
Auditor.
County Auditor a certified duplicate of said assessments, with each then unpaid
installment and interest set forth separately,.to be extended upon the proper tax
lists of the County, and the County Auditor shall.thereafter cause said assessments
to be collected in the manner provided by law.
as the ?Assessment Roll' for SANITARY SEQER IMPROVEMENTS NOS. 182, 204, 207; STOW
SEF7ER IMPROVEMENTS NOS. 62, 69, 70, 75, 76; WATERMAIN IMPROVEMENTS NOS. 160, 164;
AND E-10, and all amounts collected in respect of the assessments therein contained
shall be similarly designated by the County Treasurer and remitted to the Village
Treasurer and by him credited to the account of the IMPROVEMENT BOND REDEMPTION FUND.
Motion for adoption of the Resolution was secon y Rixe, and on Rollcall there
were four ayes and po nays, as follows: Rixe, Tupa, aye; VanValkenburg, aye;
5. Total amount of each such assdssment for STREET IMPROVEMENT NO. E-10
6. Prior to certification of the assessment to the County Auditor, the
7. The Clerk shall, as soon as may be, prepare and transmit to the
Said duplicate shall be designated
AND STREET IMPROVEMENTS NOS. A-153, A-154, BA-33, BA-47, BA-52, BA-53, BA-54, BA-55
Upon advice to the Council that certain of the lands in the Assessment District for
Storm Sewer Improvement No. 69 have been forfeited to the State for tax delinquency,
VanValkenburg offered the following Resolution and moved its adoption:
RESOLUTION
DETERKCNING TOTAL AMOUNTS THAT t.70UJ.B HAVE BEEN ASSESSED AGAINST CERTAIN PARCELS OF
TAX FORFEITED LANDS IF SUCH PROPERTIES HAD-BEEN SUBJECT TO ASSESSMENT AT THE TIME OF
DETERMINATION BY THE VILLAGE COUNCIL OF THE FOLLOWING SCHEDULES, AM) DIRECTING THE
VILLAGE CLERK TO PREPARE AN ABSTRACT SHOWING THE DESCRIPTION OF EACH PARCEL OF LAND
BEEN ASSESSED AGAINST EACH PARCEL IF IT HAD BEEN SUBJECT TO ASSESSMENT: AM, DIRECTING
SAID VILLAGE CLERK TO CERTIFY THAT SAME TO THE COUNTY AWITOR PURSUANT TO THE PROVISIONS
OF CHAPTER 394, LAb7S OF MINNESOTA,
BE IT RESOLVED by the Village Council of-the Village of Edina, Minnesota:
WHEREAS, at the time of the determination by the Village Council of the Village
of Edina of the total amounts of money to be assessed in the proneedings of the improve-
ments listed below, certain parcels of land had been forfeited to the State and were
therefore not subject to assessment:
FORFEITED TO THE STATE FOR NON-PAYMENT OF TAXES AND THE TOTAL AMOUNT TEAT W'OULD HAVE
10,'7763. 2 f 6 NOV, THEREFORE, Pursuant to Chapter 394, Laws of Minnesota 1941, the Village
Council does hereby determine that each of the parcels of land hereinafter described
would have been assessed the amounts set opposite each such described parcel, if
such parcel had not been tax-forfeited lands and therefore not subject to assessment,
and the Village Council does hereby determine that each of said parcels had been
benefited in an amount equal-to and in excess of-the amount set opposite each of
said parcels:
STORB1 SEWER IMPROVEMENT NO. 69 - LATERAL
GARDEN PARK - (Plat No. 75370)
"That part of Lot 7 and of the North 202.7 Ft.
of Lot 6 lying East of Railroad Right-of-way,
except Road (Parcel No. 7000)
GARDEN PARK - (Plat No. 75370)
$307.64
STOREi SEfJER IMPROVEMENT NO. 69 - TRUNK
"That: part of Lot 7 and of the North 202.7 Ft. . of Lot 6 lying East of Railroad Right-of-way,
except Road (Parcel No. 7000) $145.08.
The Village Clerk is hereby directed to make an abstract showing the description
of each parcel of land forfeited to the state for non-payment of taxes at the time of
the determination by the Village Council of the amounts to be assessed in these pro-
ceedings, and showing, in accordance with this resolution, the total amount that would
have been assessed against each parcel of land if it had been subject to assessment.
The said Village Clerk shall certify such abstract to the County Auditor of Hennepin
County for presentation to the Board of County Commissioners of Hennepin County.
Motion for adoption of the Resolution was seconded
were four ayes and no nays, as follows: Rixe, alkenburg, aye;
and Bredesen, aye; and the Resolution was adop
xe, and on Rollcall there
-Village Clerk
HAI.JRES LAKE PUblP CANROT BE QUIETED,
last meeting, during discussion on assessment for Storm Sewer Improvement No. 69, Mr.
Hyde reported the Village Engineers have investigated ways and means of quieting the
pump--and report that ft cannot be quieted very much and still kept in operation.
With reference to complaint registered at the
COUNCIL DELAYS FORMAL ACTION ON VACATION OF HOPICINS ROAD BETWEEN ARCADIA AVENUE AND
STATE HIGHWAY NO. 100. Public Hearing was called on the Petition of R.L. Hawthorne
and others for the Vacation of Old Hopkins Road between Arcadia Avenue and State
Highway No. 100, pursuant to Notice of Hearing published in Edfna-Morningside Courier
September 12 and 19, 1963, and posted. No objections were filed at the Hearing, and
no written objection had been received prior thereto except that of Northern States
Power Company, which asks that there be no Street Vacation until the Company is
granted a permanent easement for the retention of its overhead electric distribution
facilities along the southerly side of this street OK ts reimbursed for relocation of
said facilities. Trustee Tupa moved that the Village Council approve in principh?
the Vacation of Old Hopkins Road as petitioned, but that formal action be withheld
until such time as Northern States Power Company notifies us it has either the proper
easements or reimbursement for relocation.
unanimously carried.
Motion seconded by VanValkenburg and
FOUR POLICE CARS TO BE PURCHASED FROM SUBURBAN CHEVROLET COMPANY.
presented Tabulation of Bids, showing receipt of only two bids covering four Police
Manager Hyde
Squad Cards with three trade-ins$ that of Suburban Chevrolet Company at $5,287.05,
and that of Midway Ford Company at $5,450.00. 3Sr. Hyde deplored the lack of bids,
saying specifications had been sent out to some 40 prospective bidders.
Bredesen inquired as to whether this is the best time of year to take bids on cars,
and Mr. Hyde replied that the cars now have 50,000 miles or better; that by the time
they are repaaced by the new cars they will need considerable repair work. He added
that the time of year seems to make no difference in the number of bids received;
then recommended that cars be purchased from Suburan Chevrolet Company--principally
because replacement of the cars is needed. Some further discussion was had by Council,
and Tupa moved that cars be purchased from Suburban Chevrolet Company on basis of their
bid, Motion seconded by Rixe and carried.
Elr.
WATER TANK PAINTIEG CONTRACT Ab7ARDED TO NE- CO. CONTRACTORS, INC, Tabulation of
Bids taken today, for the "Cleaning, Scaling, Inspecting, Painting and Sterilization"
of the Water Tanks at Southdale and the High School, showed receipt of three bids,
Neumann Co. Contractors, Inc. at $16,900.00; Chicago Tank & Bridge Co. at $18,866.00
and All State Improving Company at $19,400.00.
to low bidder, Neumann Co. Contractors, Inc., and Tupa so moved. Motion seconded by
VanValkenburg and carried .
Mri Hyde recommended award of contract
101 I/ v5
STORM SEWER FOR WELLS IN BELMORE LANE PARK &I.IARDED TO PETER LaMETTI CONST. CO.
Manager Hyde presented Tabulation of Bids taken today, on a Storm Sewer to be
constructed in Spruce Road from County Road 18 to Monroe Avenue; Monroe Avenue f$&q
Spruce Road to 2nd Street; 2nd Street from Monroe Avenue to 297 Ft. E., being
constructed primarily to serve iron removal plant for two wells in Jackson-
Belmore Park (but being oversized to provide drainage for some of the immediately
surrounding area). Tabulation showed receipt of seven bids, Peter Lametti Const.
Co. being low bidder at $24,660.30; Northern Contracting Co., second-low at
$27,972.80; Orfei & Sons, Inc., third-low at $28,940.16; and Coburn-Meek, Inc.,
high bidder at $34,566.00. Engineer's Estimate was $36,736.60. Mr. Hyde
recommended that contract be awarded to Peter Lametti Const. Co., at $24,660.30,
and VanValkenburg so moved. Motion seconded by Tupa and carried.
2 f 7
-us
MINNEAPOLIS COUNCIL ACTION RELATIVE TO COLLECTION OF EBaINA'S UNPAID SEW3R CHARGES
REFERRED TO VILLAGE ATTORNEY. Letter dated October 1, by the City Clerk, ndvising
the Village Council of the Minneapolis Council?.s Sept.ember 27th action direating
notification to the Village that unless all violations of the existing contract
between City and Village have been corrected by December 31, 1963, said existing
contract relative to the interconnection of sewers will be cancelled, was received,
reviewed, and referred to the Village Attorney.
MANAGER AUTHORIZED TO NEGOTIATE FOR RIGHT-OF-WAY FOR JOINT HOPKINS-EDINA SECOND
STREET. Nr. Hyde presented to Council Hopkins' letter of October 4th, setting
forth Council's action of October 1, 1963, declining to purchase the one remaining
lot for the right-of-way for the proposed Joint Hopkins-Edina Second Street but
agreeing to join with Edina in the construction of the street providing Edina
will purchase remaining right-of-way. Mr. Hyde recommended that negotiations
be authorized, for purchase of this one lot by Edina, and VanValkenburg maved
that Village Manager be directed to negotiate with Mr. Garrison for such
purchase. Motion seconded by Rixe and carried.
MANAGER HYDE APPOINTED DELEGATE TO MEETING TO CONSIDER "JOINT COOPERATIVE AGREEMENT
FOR ESTABLISHPENT OF SUBURBAN SEWER STUDY COMMISSIONr1. Council received notification
of the above entitled meeting, to be held at Golden Valley Village Hall on Thursday,
October 24, 1963, 8:OO P.M., at Golden Valley Vialage Hall, with agreement proposed
for consideration attached.
to said meeting, by common consent of Council.
Village Manager Hyde was appointed as Edina delegate.
PETITION FOR ASSESSMENT OF STREET IMPROVEMENT NO. BA-56 ON A PER-LOT BASIS REFERRED
TO SPECIAL, ASSESSMENT HEARING. Petition, signed by Messrs. James H. Overholt,
Edward Pilch, Gordon Hellekson, and D.A. Stuermer, Jr. 5705, 5712, 5708 and 5704 Hawkes
Drive, asking for a ?'per loti9 basis, rather than the usual "per front foot" basis for
the special assessment for Street Improvement No. BA-56, accompanied by a compre-
hensive report covering reasons why assessment should be made **per lot" was received,
revieved and, by motion VanValkenburg,. seconded by Tupa and carried, was referred to
Special Assessment Hearing.
COUNCIL SCHEDULES HEARINGS ON PETIT'LONS FOR ZONING VARIANCES FOR OCTOBER 21.,
reviewed Planning Commission Minutes of October 2nd Meeting, in which favorable
recommendations were made relative to the following petitions for variances from
the requirements of the Zoning Ordinance:
feet of north property line at 308 Grove Place.
foot from the south lot line at 5828 St.Johns Ave.
VanValkenburg's motion scheduling Public Hearings on petitions for Monday, October 21,
was seconded by Rixe and carried.
Council
1.' Petition of Mr. John A. Kilby for permit to construct garage within three
2, Petition of Mr. Burton Knowles for permit to construct a garage within one
FINAL PLAT OF EDXNA VALLEY ESTATES APPROVED.
Commission's October 2nd recommendation for approval, is of property located on the
"Jensen Farm", south of Nine-14ile Creek and east of Valley View Road.
approval of Final Plat in accordance with Planning Commission's recommendation.
seconded by VanValkenburg and carried.
FINAL PLAT OF "BROOKVIEV HEIGHTS I11 ADDN., JACOBSON'S REPLAT" APPROVED. This Final
Plat of property on the north side of tJ.70th St. east of the MN&S Railroad, was
presented with Planning Commission's October 2nd recommendation for approval. This
is the property zoned at the last meeting for R-2 Multiple Residence District.
moved that Final Plat be approved in accordance with Planning Commission' s recoinmend-
ation.
This Final Plat, presented with Planning
Tupa moved for
Hotion
I
Tupa
Hotion seconded by VanValkenburg and carried.
"NAOMI ADBITION" FINAL PLAT APPROVED.
accordance with Planning Commission's October 2nd recommendations, was seconded by
VanValkenburg and carried.
Tupais motion, that Final Plat be approved in
10/7/63
ELECTION OFFICIALS APPOINTED FOR NOVEXBER 5TH VILLAGE ELECTION.
Roster of Nominees for Election Judge for the Village Election to be held Tuesday,
November 5, 1963; and VanValkenburg moved for appointment of the following persons
as Election Judges for said Village Election, and for authority to the Village Clerk
to make such additions and substitutions as become necessary:
District No. 1 - Wooddale School - Mmes. Mar orie Rossiter, Barbara Cox, Joann
Vikan, Bower Hawthorne and Ethel Link.
District No. 2 - Village Hall - Nnes. Nellie Strate; Dorothea Obermeyer, Frances
Sonnenberg, Helen Hall and Marian Bailey.
District No. 3 - Junior High - Mmes. Florence Hallberg, Audrey Berglund, Ruth Volk,
Ruth Zipoy and Betty Bentzen.
District No. 4 - Concord School - Mmes. Eunice Carlson, Louise Finch, Ursula
Bezoir, Yvonne Ford, Alameda Kenerson and Mary Ryan.
Clerk presented
.<
I District No. 5 - Cahill School - limes. Gale T. Keslef, Gladys Barnes, E.B. Haedecke,
District No. 6 - Shepherd of Hills Church - Elmes. Nyrtle Biyhr, Hilma Spencer,
Gladys Cameron and Narian Lyons.
E. L. Hodlin and Paul Richardson.
District No. 7 - Edina Highlands School - Ehnes. Margaret M. Borsch, Alice McFadzean,
District No. 8 - 3hes. Muriel Thomsen, June Dreher, Adele Olson, Ruth Johnson and
Adella Stewart and Nyrtle Kiichli.
James Jensen. - Cornelia School.
BOND FILED BY STOW DEVELOPElENT COEIPANY FOR TEMPORARY EXCAVATION DISTRICT PERXIT ON
NELSON FARN TO BE RELEASED UPON VILLAGE ENGINEER'S CORRECT FIMIIEGS. Mr. Hite told
Council that Stow Development Company has requested release of Bond No. 321487, Trinity
Universal Insurance Company, covering Temporary Excavation District Permit on the Nelson
Farm, which tract has now been sold.
it is found upon investigatiofi that all requirements of the Permit have been met.
*
He asked for authority to release bond providing
&pfh&authdrkzing Village Engineer Hite to release bond upon his findings
ea4 requirements have been met, was seconded by VanValkenburg and carried.
COUNCIL CORRECTS RESOLUTION 0F.OCTOBER 22ND, 1962,. PERIlITTING SUBDIVISION OF GOODMANSON
PROPERTY IN MENDELSSOHN ADDITION.
tained in the Council's Resolution of October 22nd, permitring subdivision of the
Goodmanson property, are not acceptable to the Registrar -of Titles, and ask that CounLil
adopt a new Resolution relative to this subdivision.
ing Resolution and moved its adoption:
RESOLUTION
lk. Hite reported that the legal descriptions con-
VanValkenburg offered the follow-
I I;IHEREAS, The Village Council of the Village of Edina did on the 22nd day of October,
1962 pass a resolution allowing a subdivision of the property described as follows, to-
wit:
The Vest 1/2 of the South 1/2 of Block 22, Mendelssohn, except the"South
235 feet of the East 90 feet thereof. (Parcel 6770, Plat 76180) .-, -lr '; , .-*
into two buildable lots being (1) ltf'J. 75 Ft. of S. 235 Ft. of B1. 22, Mendel'ssohn";
and (2) llN. 75 Ft. of S. 310 Ft. of S. 1/2 of W. 1/2 of B1. 22, Mendelssohn"; and
of the Village that said legal description is not accurate and is not acceptable to the
Registrar of Titles of Hennepin County, Minnesota, and said fee owner has submitted
descriptions of said two buildable lots which describe the same property but use a
description which is more accurate and acceptable to the Registrar of Titles.
said Village Council on October 22, 1962, be amended to read as follows:
WHEREAS, the fee owner of said property, Bk. Goodmanson, has called to the attention
NOI.1, TI-IEREFORE, IT IS HEREBY RESOLVED, that sai'd subditrision approval given by
DIVISION OF PART OF BLOCK 22, MENDELSSOHN ADDITION APPROVED.
Planning Commission's October 10th recommendation was favorable
to the subdivision of that property legally described as the
Best 1/2 of the South 1/2 of Block 22, Mehdelssohn, except
the South 235 feet of the East 90 feet thereof. (Parcel 6770,
Plat 76180) into two buildable' lots, being (1) The West 1/2 of
the South 1/2 of Block 22, Elendelssohn, except the South 235
feet thereof; and (2) That part of the South 235 feet of the
West 1/2 of the South 1/2 of Block 22, llendelssohn, lying ??est
of the East 90 feet thereof.
and that, as so amended, said subdivision is hereby approved. I
solution was adopted.
101 I163
VILLAGE WATER DEPARTMENT TO BE RESPONSIBLE FOR REPAIR OF SERVICE LINES BETWEEN 2 19
MAIN ANI) CURB STOP.
be amended to make the Village Water Department responsible for repair of service
lines between the main and the curb stop. He reported that trying to enforce the
Ordinance requiring consumer to be responsible for repair of this part of the
service line is a constant public relations headache; that the consumers misunder-
requirements they have a difficult time securing plumbers; that the street
department has not been notified concerning street repairs; and that as matters
stand the entire operation seems to be unsatisfactory. Village Engineer Hite
added that the Village does not have the manpower for this work--that bids would
have to be taken for it. After some discussion concerning the extra costs to the
l4ater Department, with Mr. Hyde reporting some 12 to 18 breaks experienced year19
at a very rough estimate of $200-$300 per repair, and again recommending this
change in policy, Tupa offered the following Ordinance, moving that Council disppnse
with second reading thereof, and adopt Ordinance as Submitted:
Manager Hyde recommended to the Council that Ordinance No. ~241
i stand their responsibilities; that when they do attempt to conform to ordinance -
ORDINANCE NO, 241-4
AN ORDINANCE AMENDING ORDINANCE NO. 241 OF THE
VILLAGE, AS TO REPAIR OF SERVICE LINES,
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, IrIINNESOTA, ORDAINS:
Section 1. Paragraph (g) of Section 4 of Ordinance No. 241 of the
Village of Edina is hereby amended to read as follows:
G(g) In the case of-a broken or leaking service line (between the curb
stop and the meter), the consumer shall be required to make necessary
repairs within five days after notification by the water system.
the consumer shall fail to make such repairs as above required, the
water system is authorized to discontinue service and to make the
repairs, and to charge the costs thereof to the consumer's water
account. It
Section 2.
If
This ordinance shall be in full force and effect immediately
upon its adoption and publication.
Motion for adoption of Ordinance as, submitted, and for waiver of second reading,
was seconded by Rixe, and on Rollcall there were four ayes and no nays, as follows:
DRAINAGE FOR 5516 DTJNDEE ROAD VERY EXPENSIVE. Showing the Council a plan of the
storm sewer which would be necessary to drain the hole at the back of this lot,
and the area which drains to it, Village Engineer Hite informed Council that the
assessment would come to about $.15 per Assessable Foot, which is by far and away
the highest assessment ever proposed, for storm sewer. . Manager Hyde suggested
that Nessrs. Peyer and Carroll be approached relative to costs before this
improvement comes to any type of formal hearing; and it was ordered that llanager
and Engineer consult with these two property owners, and make report to Council.
COUNCIL PETITIONS RAILROAD AMP 5UREHOUSE COMMISSION FOR RELOCATION OF GRADE
CROSSING AT MN& S RAILROAD.
Highway will compel the closing of Whiting Street just East of where it now crosses
Mr. Hite reported that construction of the Crosstown
the MN&S Railroad tracks; that the grade crossing should be moved southerly
approximately 700 feet, as a part of a newly platted street in "Edina Valley
Estates" (just approved by Council at this meeting); that petition must be made
to Railroad and Warehouse Commission for such change.
following Resolution and moved its adoption:
VanValkenburg offered the
RESOLUTION
WHEREAS, the construction of the proposed Cross Town Highway will require the
closing of that portion of Whiting Street immediately east of the point ahere said
street crosses the Minneapolis, Northfield and Southern Railway right of way; and
WHEREAS, it has been proposed that the existing grade crossing at Whiting
Street be relocated at a point approximately 700 feet south of Whiting Street,
according to the attached drawing; and
necessary,
IIHEREAS, it appears that relocation of said Whiting Street grade crossing is
NOW, THEREFORE, IT IS RESOLVED that a petition be submitted to the
Railroad and Warehouse Commission of the State of Minnesata for
authority to relocate said grade crossing and for a determination
by said Commission as to the division and allocation of the expenses I
incident to said relocation.
IT IS FURTHER RESOLVED that the law firm of Dorsey, Owen, Marquart,
Windhorst & West, Minneapolis, Minnesota, be retained to make and
prosecute said petition in behalf of the Village of Edina.
7
10/7/63 220
Motion for adoption of the Resolution was seconded by Rixe, and on Rollcall there
~7ere four ayes and no nays, as follows: Rixe, Tupa, aye; VanValkenburg, aye;
redesen, aye; and the Resolution was ad
LIQUOR STORE STATEMENTS, As At August 31, 1963, were presented, reviewed and
ordered placed on file.
7
CLUS PAID. Tupa's motion for payment of the following Claims, as per We-List
dated Qctober 7, 1963, was seconded by Rixe and carried:
General Fund, $8,798.39; Construction Fund, $436.00; Park, Park Construction and
Swimming Pool Fund, $11,683.37; Water Fund, $7,885.85; Liquor Fund, $18,949.25;
Sewer Rental Fund, $23.05; Improvement Funds, $691.08--TotalJ $48,466.99.
There being no further business to come before this meeting, Rixe moved for
adjournment. Motion seconded by VanValk
10:55 P.M.
MINUTES OF THE REGULAR 1EETING OF THE
EDINA VILLAGE COUNCIL, HELD HONDAY,
EDINA VILLAGE HALL
OCTOBER 21, 1963, AT 7:OO PeM.9 AT THE
Council members answering Rollcall were blacMillan, Rixe, Tupa, VanValkenburg and
Bredesen.
"FRIENDS OF LIBRARY" PRESENT REQUESTED REPORT.
Friends of the Library, presented to the Council a report which he stated was the
result of summer work by the study group.
Mayor Bredesen adding that it will be studied and placed on the agenda for
discussion at an early date,
Dr. A. D, Mogck, Chairman of the
Council received report with thanks,
PROPOSED AMENDEENT TO ZONING ORDINANCE ESTABLISHING AN "INSTITUTIONAL DISTRICT"
REFERRED TO PLANKLNG COMMISSION AND COUNCIL FOR STUDY; HEARING CANCELLED. Clerk
presented Affidavits of Publication in Edina-Morningside Courier, and of Posting,
of "Notice of Hearing on Amendment to Zoning Ordinance No. 261, Establishing an
'Institutional District' in the Village of Edina". Affidavits were approved as
to form and ordered placed on file.
-to the Council at this meeting, and Planning Director Hite suggested that inasmuch
as neither Planning Commission nor Council has had opportunity to study, Hearing
be cancelled and Amendment be referred to Planning CommisGion for study and
recommendation. &e's motion, that Mr, Hite's suggestion be approved, Hearing
cancelled, and proposed Amendment referred to Planning Commission, was seconded
by MacMillan and carried.
I
Copies of the proposed amendment were presented
EDINA MASONIC LODGE WITHDRAWS PETITION FOR REZONING FROM OPEN DEVELOPEENT DISTRICT
Mayorrs call for continuation of the October 7th Public Hearing on Petition of Edina
TO OFFICE BUILDING DISTRICT, STJ CORNER W.70TH STREET AND HIGHNAY NO. 100. At
Masonic Lodge for the rezoning of the tract at the Southwest Corner, W.7Oth Street
and Highway 100 from Open Development District to Of€ice Building District (for the
purpose of building Lodge Hall thereon), Planning Director Hite reported that he
had today received a call from Mr. Clyde Hegman, Chairman of the Board for Edina
Masonic Lodge, withdrawing the petition and thus closing this matter.
COUNCIL APPROVES THREE-FOOT SIDE YARD SETBACK FROM NORTH LOT LINE AT 308 GROVE
PLACE, ON PETITION OF J. A, KILBY,
Mailing of "Notice of Public Hearing" on petition of Mr, J.A. Kilbv for variance
Planning Director Hite presented Affidavit of
__ - from Zoning Ordinance Requirements
a double garage within three feet of his north lot line. Written assent from the
owner of adjacent property had been received, Planning Commission had recommended
approval, and no objections were received at the Hearing. VanValkenburg's motion
that requested variance from Zoning Ordinance requirements be approved was seconded
by Tupa and carried.
on side yard setbacks, allowini him to construct
ONE-FOOT SIDE YARD SETBACK FOR ATTACHED GARAGE AT 5828 STaJOHNS AVENUE APPROVED, 0%
PETITION OF MR, BURTON KNOIILES. Eh?. Hite presented Affidavit of Mailing of 'INotice
of Public Hearingt1 on petition of b. Burton Knowles for permit to construct garage
to within one foot from south lot line, this requiring variance from Zoning Ordinance
requirements. Reason for petition is that large tree would have to be removed to
permit construction in accordance with zoning stipulations. Planning Commission's
October 2nd approval was reported, no objections were offered at the Hearing, and
Tupa moved that requested variance from Zoning Ordinance requirements be approved,
Motion seconded by Rixe and carried,