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MINUTES OF THE REGULAR MEETING OF THE EDINA j
VILLAGE COUNCIL, HELD MONDAY, JULY 20, 1964, s
AT 7:00 P.M., AT THE VILLAGE HALL
Members answering Rollcall were MacMillan, Rixe, Tupa, VanValkenburg and Bredesen.
PUBLIC HEARING OONDUCTED ON PROPOSED DIVERSION STRUCTURE TO DIVERT CERTAIN WATERS
TO LAKES CORNELIA AND EDINA: CONTINUED TO AUGUST 3. Clerk presented Affidavits
of Publication and of Mailing of "Notice of Public Hearing" on the following
proposed improvement:
CONSTRUCTION OF A DIVERSION STRUCTURE, PIPE FROM THE'DIVERSION STRUCTURE
TO LAKE CORNELIA, AND APPURTENANCES AT THE FOLLOWING LOCATION:
On pond northeast of Lake Cornelia between the Crosstown Highway and
the Village of Edina swimming pool.
Before the Hearing.began, Mayor Bredesen informed Council he had received a request
from a group of residents who had not been informed of the Hearing because it is
not proposed to assess their properties, asking that Council conduct Hearing this
evening but delay action until such time as they can determine how their properties
will be affected, and that he feels their request should be granted. Persons
asking for continuance are those living along Minnehaha Creek.
Engineer Hite reviewed for Council the request received last March 18, from
the "Lake Cornelia Improvement Committee," asking that air conditioning water from
the Southdale commercial complex into Lake Cornelia to raise the water level. He
told Council and the audience that this air conditioning water is now flowing north,
)0 through ponds and Lake Pamela, into Minnehaha Creek, as the result of a storm
d sewer project engineered by Adolph Meyer and Associates and installed by Southdale.
For the Lake Cornelia residents, he reported that originally part of this water had
r� gone into Lake Cornelia from the pond by the swimming pool, but that back in 1956
V there were flooding conditions on Lake Cornelia, at which time some structures
were provided to divert water from the lake, and Lake Cornelia was closed off from
the pond. He added that Lake Cornelia is not always high, however; that it is
sometimes low and sometimes high - -which is also true of Lake Edina, which is now
connected to Lake Cornelia by "Storm Sewer Main No. 1 ".
Mr. Hite reported that upon receipt of the Lake Cornelia Improvement Committee
request he had discussed it with Mr. Douglas Barr, consulting hydraulic engineer,
who was associatiated with Adolph Meyer at the time the Lake Pamela drainage
project was designed and installed; that Mr. Barr had informed him to comply with
the request would be perfectly feasible and practical, and good planning- -but that
because this air conditioning water is now being used to maintain the level of Lake
Pamela, it is believed that Lake Pamela should get first call on the overflow
water, and that only the water in excess of that needed for maintaining Lake Pamela
could be diverted to Lake Cornelia.
Mr. Hite reported it is proposed to construct a diversion structure- -dam --
on the pond Northeast of Lake Cornelia, and a pipe, sized to take no more than
1800 gpm, between this pond and Lake Cornelia. The dam will be so constructed
that no water will be diverted into Lake Cornelia until there is ample water
flowing toward Lake Pamela to satisfy its needs.
Mr. Hite reported it is proposed to assess the cost of the proposed improvement
against the property abutting Lake Cornelia and Lake Edina; that the Village owns
approximately 200 of this property, thus 200 of the total estimated cost must be
subtracted before an assessment is made. He added that, on an amended cost
received today the assessment per lot would be about $60.30, rather than the
$73.56 quoted in the mailed Notice of Hearing.
Council was questioned as to whether it is proposed to assess over a number
of years. Mr. Hyde said this can be done, but it had been thought the assessment
period would be relatively short - -three to five years.
Mr. Dick Vogel, whose property abuts Lake Edina, said he would be delighted
if the Council should decide to make this improvement.
Question was asked as to the relative tize of Lake Cornelia vs. Lake Edina
lots, and Mr. Hite said that, generally, their size is comparable, especially as
to lake frontage.
Mr. M. A. Crinkley, 6700 Cornelia Drive, advocated the improvement, saying
we have been allowing very valuable water to leave Edina when it is needed here;
that he had been told that, could Lake Corneliats level be kept up to its normal
level there would.be less trouble with algae, and less trouble with fish dying- -
that he would like to see the fishing improved.
One spectator, who said he lives on Woodend Drive at Hinnehaha Creek, asked
how the flow of water going into Minnehaha Creek would be affected by this
proposed structure. Reporting it is safe to say that any water diverted to
Lakes Cornelia and Edina would mean less water for Minnehaha Creek, Mr. Hite
said the question is, "Will there be enough less water in the Creek to be
significant ?" and that the answer is "No." There would be no water at all
diverted to Lakes Cornelia and Edina until such time as a certain amount of
water is diverted into Lake Pamela and the Creek.
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Question was then asked as to whether construction of the new Fairview
Hospital and medical building will not mean more air conditioning water, and
Mr. Hite answered that it is actually this water, plus that of several new
office buildings, which could overload the Minnehaha Creek system.
Questioner said he would like to suggest that both parties be given a
fair amount of water, and Mayor Bredesen said that this is_what the Village
is attempting to do. He added that while Minnehaha Creek should undoubtedly
continue to receive its fair share, property owners along the Creek don't
have any vested right to it, any more than those living along Lakes Cornelia
or Edina. Mr. Hite added that this water is naturally attributable to Lakes
Cornelia and Edina.
Mr. Merrill S. Finch, 89 Woodland Circle, said that while he is sympathetic
to the requests of the Lake Cornelia residents, it is a terrible thing not to
have water in Minnehaha Creek.
Mr. Clifford Johnson of the Lake Cornelia Improvement Committee told
Council he believes residents will find that, even with some water diverted
to Lakes Cornelia and Edina, Minnehaha Creek will soon have more water in it
than ever before; that it is expected there will be some 200,000,000 gallons
of air condictioning water from the new hospital and medical center, whereas
it takes only 16,500,000 gallons to keep Cornelia full. He submitted petition
signed by Lake Cornelia , concurring in the project as per the mailed "Notice
of Hearing ".
Mr. John Knutson, a property owner on Lake Edina, told Council owners
had received two communications- -one from Mr. Hite, and the other a copy of
the "Official Publication " - -and that these two did not agree, in the method
proposed for assessment; that he, personally, feels the allocation of expense
should be given some further consideration. Mr. Hite reported that while the
published notice of hearing states it is proposed to assess the entire cost
against Lake Cornelia residents, he had intended it to provide for assessment
against both Lake Cornelia and Lake Edina properties, feeling that they
benefit equally.
VanValkenburg then moved that the Public Hearing on the Proposed Diversion
Structure be continued to Monday, August 3rd, to give the "Iiinnehaha Creek"
residents a chance to review the improvement; and that the Clerk be instructed
to publish corrected notice, as follows:
NOTICE OF PUBLIC HEARING ON
DIVERSION STRUCTURE
EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, August 3,
1964, at 7:00 P.M., to consider the following proposed improvement to be con-
structed under the authority granted by Minnesota Statutes 1961, Chapter 429.
The approximate cost of said improvement is estimated by the Village as set
forth below: ESTIMATED COST
1. CONSTRUCTION OF A DIVERSION STRUCTURE, PIPE FROM
THE DIVERSION STRUCTURE TO LAKE CORNELIA, AND
APPURTENANCES AT THE FOLLOWING LOCATION:
On the pond northeast of Lake Cornelia between
the Cross Town Highway and the Village of Edina
swimming pool. $6,665.00
The area proposed to be assessed for the cost of the proposed improvement'
includes Lots 1 thru 9 incl., Block 2, Woodhill Addition; Lots 1 thru 3-incl.,
Block 8, Creston Hills; Lots 8,9,10,14,15,16,17 and 18,.Block 1, Southdale
Third Addition; Lots 1 thru 17 incl., Block 1, Southdale First Addition; Lot 1,
Block 1, Southdale Second Addition; Lots 1 thru 5 incl., Block 1, Southdale
Fourth Addition; and Lot 1, Block 1, Creston Hills; Lots 1 thru 22 Incl.,
Block 4, Lake Edina Second Addition; and Lots 1 thru 21 incl., Block 1, Lake
Edina Third Addition. GRETCHEN S. ALDEN
Village Clerk
VanValkenburg's motion for continuance of Public Hearing and publication of
corrected notice was seconded by Tupa and carried.
LAKE EDINA DRAINAGE STRUCTURE IMPROVEMENT APPROVED AFTER PUBLIC HEARING. Clerk
presented Affidavits of Publication in Edina- Morningside Courier 'on July 9 and 16,
1964, and of mailing to owners of affected properties, "Notice of Hearing'{, which
affidavits were approved as to form and ordered placed on file. Pursuant to due
notice given, Public Hearing was conducted on:
CONSTRUCTION OF Aid OUTLET STRUCTURE AND APPURTENANCES On the West Side
of Lake Edina pproximately 500 feet North of Poppy Lane.
With.the help of a visual aid, Engineer Hite explained to audience that at the
time Storm Sewer Clain #1 was constructed there was also a pipe laid from Lake
Edina to Highway 100 and then into Nine -Mile Creek; that this was a temporary
structure, and now leaks very badly; that the Engineers feel it is in part
responsible for low water levels in the lake; that what the Village is now
proposing is a structure which will do "the proper job. He added that it is now
estimated that the structure can be constructed for $2,150 (rather than the $3,000
quoted in the Notice), which will mean an estimated assessment of $50 per lot for
the 43 lots abutting Lake Edina.
Mr. Helge Thomsen, Lake Edina property owner, and also secretary of the Lake
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Edina Improvement Association, his own favorable opinion, and that of the
Association, toward this proposed improvement.
Mr. Carl Struck asked that the control structure be constructed in such a
manner as not to be in conflict with the "living screen" to be built along
Highway 100, and Mr. Hite agreed that special care would be taken on this point.
There were no objections registered against the proposed improvement, and
none had been received prior to the Public Hearing. VanValkenburg offered the
following Resolution and moved its adoption:
RESOLUTION ORDERING IMPROVEMENT
ATORI4 SEWER IMPROVEMENT NO. 85
BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this
Council heretofore caused notice of hearing to be duly published on the
following proposed improvement:
CONSTRUCTION OF AN OUTLET STRUCTURE AND APPURTENANCES On the West sode
of Lake Edina approximately 500 feet north of Poppy Lane
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
designated and shall be referred to in all subsequent proceedings as
STORM SEWER IMPROVEMENT NO. 85; and the area to be specially assessed
therefor shall be as follows: Lots 1 thru 22, inc., Block 4, Lake Edina
Second Addition, and Lots 1 thru 21, Incl., Block 1, Lake Edina Third
Addition.
1,- 5 9
Motion for adoption of the Resolution was seconded Rixe, and on Rollcall there
were five ayes and no nays, as follows: MacMil n, aye; Rixe, a ; Tupa, aye;
VanVal burg, aye; and Bredesen, aye; and t R solution was pted.
ATTEST —� r
Mayor
L
W. 60TH STREET BETWEEN FRANCE AND XERXES AVENUES TO BE PAVED WITH ASPHALT CONCRETE,
WITH PCC. CURB AND GUTTER. Manager Hyde informed Council that bids had been
received Friday, July 17, 1964, on the proposed STREET IMPROVEMENT for W.60th
Street between France and Xerxes Avenue; that, in accordance with request by
property owners bids had been taken on (1) Asphalt Concrete Paving with PCC
Curb and Gutter and (2) PCC Paving with Integral Curb, but that because of the
three -week period between the meetings of June 15 and July 6, advertisement had
been published without formal action by Council. VanValkenburg offered the
following Resolution and moved its adoption:
RESOLUTION CONFIRMING ADVERTISEMENT FOR BIDS
PERMANENT STREET SURFACING AND CURB AND GUTTER
W. 60TH STREET BETWEEN FRANCE AND XERXES AVES.
BE IT RESOLVED by the Village Council of the Village of Edina:
1. The plans and specifications for the proposed STREET IMPROVEMENT set 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. The Clerk's action in publishing twice in the Edina - Morningside Courier and
the Construction Bulletin the following notice for bids for said improvement is
hereby approved:
ADVERTISEMENT FOR BIDS
ASPHALT CONCRETE PAVING & PORTLAND CEMENT
CONCRETE CURB AND GUTTER:
PORTLAND CEMENT CONCRETE PAVING AND CURB
SEALED BIDS WILL BE RECEIVED and opened in the Council Chambers in the Edina Village
Hall, 4801 W.50th St., at 11:00 A.M., Friday, July 17, 1964, and the -Edina Village
Council will meet at 7:00 P.M., on Monday, July 20, 1964, to consider said bids, being
for the following:.
1. CONSTRUCTION OF ASPHALT CONCRETE PAVING AND PORTLAND CEMENT CONCRETE CURB
AND GUTTER IN THE FOLLOWING STREET: W.60th Street from France Ave. to Xerxes
Ave.
2. CONSTRUCTION OF PORTLAND CEMENT CONCRETE PAVING AND CURB IN THE FOLLOWING
STREET: W.60th Street from France Ave. to Xerxes Ave.
Work must be done as described in plans and specifications on file in the office of
the Village Clerk. Plans and specifications are available for a deposit of $10.00
(by check), which deposit will be refunded upon return of said plans and specifications.
No bids will be considered unless sealed and accompanied by cash deposit, bid bond or
certified check payable to the Village Clerk in the amount of at least ten percent
(10) of amount of base bid. The Council reserves the right to reject any or all bids.
BY ORDER OF THE EDINA VILLAGE COUNCIL.
GRETCHEN S. ALDEN
Village Clerk
3. Each and all of the terms of the foregoing advertisement for bids are hereby
adopted as the terms and conditions of award of the contract for said improvement.
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I•lotion for adoption of the Resolution was seconded by 'xe, and on Rollcall there
were five ayes and no nays, as follows: I•SactSi11 ay ; Rixe, aye; T pa, aye;
VanValkenburg, aye; and Bredesen, aye; and the R olu ion was ado t
���
ZL: �✓ Mayor
Vi lage Clerk
Mr. Hyde then presented Tabulation of the Bids taken July 17, in response to the
Publication June 25 and July 2, 1964 of "Advertisement for Bids" in Edina- Morningside
Courier and Construction Bulletin. Tabulation showed receipt of six bids - -four for
Asphalt Concrete Surfacing with PCC Curb and Gutter, as follows: Black Top Service,
Co., low bidder at $67,848.00; Bury 6 Carlson, Inc., $74,788.50; Northwest
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Bituminous Co., Inc., $79,996.50; Riegger Roadways, Inc. $88,030.25. Two bids
were received for the Portland Cement Concrete Paving with Integral Curb, being
that of Woodrich Construction Co. at $106,053.20 and that of Victor Carlson and
Sons at $109,431.40.
In accordance with Council action taken at Public Hearing on June 1, notices
had been sent to owners of properties abutting W.60th Street between France Avenue
and Xerxes Avenue that bids would be considered by the Council tonight, at which
time Council would decide upon the type of Permanent Surfacing to use. Mr. Lavern
W. Christenson, 3108 W.60th Street, told Council he believes most of the people
abutting the street favor the Asphalt Concrete Paving. No one from the audience
recommended the Portland Cement Concrete. Engineer Hite reported to Council that
because of the difference in the cost he,•too, would recommend that Asphalt
Concrete rather than Portland Cement Concrete be used.
Tupa offered the following Resolution and moved its adoption:
RESOLUTION DETERMINING TO USE ASPHALT
CONCRETE PAVING AS PERMANENT SURFACE IN
W.60TH STREET BETWEEI4 FRANCE AND XERXES
AVENUES
WHEREAS, the Edina Village. Council has ordered that W.60th Street between
France Avenue and Xerxes Avenue be improved by the construction of Permanent
Surface and Concrete Curb and Gutter therein; and
WHEREAS, the type of Permanent Surfacing to be used in said proposed improve-
ment has not been determined:
NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of
Edina that W. 60TH STREET BETWEEN FRANCE AND XERXES AVENUES be improved by the
CONSTRUCTION OF ASPHALT CONCRETE PAVING, WITH PORTLAND CEMENT CONCRETE CURB
AND GUTTER.
BE IT FURTHER RESOLVED that this project, which has carried the temporary
designation of STREET IMPROVEMENT 1964 -11 , shall be and hereb y /renamed STREET ;.
IMPROVEMENT NO. BA -65, and shall be so referred to in all subsequent proceedings..
Motion for adoption of the Resolution was seconded by Val lkenburg, and on Rollcall
there were five ayes and no pays, as follows: Batts' an, ye; Rixe aye; Tupa, aye;
VanValkenburg,.aye; and Bredesen, aye; and the Re olution was ad d.
A 1 T:
a //2
L (% Mayor
111age Clerk
And Tupa then moved that Contract for STREET IIMPROVEMENT NO. BA -65 be awarded
to low bidder, BLACK TOP SERVICE COMPANY, at $67,848.00. Motion seconded by
VanValkenburg and carried.
COUNCIL REZONES PROPERTIES JUST EAST OF COUNTR ROAD NO. 18, FROM OPEN DEVELOPMENT
DISTRICT TO "R -2, R -3 AND R -4 MULTIPLE RESIDENCE DISTRICTS ", IN ACCORDA14CE WITH
"KENNETH - HANSEN- PEDERSON LAND REZONING PROPOSAL" RECOt11JENDED BY PLANAING COIMIMISSION.
Public Hearing was conducted on the Proposed Rezoning of certain properties East of
County Road No. 18 from Open Development District.to 11R - -2, R -3.and R- 4.1%iultiple
Residence Districts ", all in accordance with the "Kenneth- Hansen - Pederson Land
Rezoning Proposal" approved by the Edina Planning Commission July 1, 1964. Clerk
presented Affidavit of Publication in Edina- IMorningside Courier July 9 and 16, 1964,
of "Notice of Hearing ", as well as Affidavit of Mailing of said Notice. Mr. Hite
reviewed for Council and audience the plan proposed by the Planning Commission,
all of which had been explained at some length on July 6.
Mr. William Rosen, who said he represented Mr. Carl M. Hanson, the largest
single land owner of the property east of this proposal, stated his client is
opposed the the present proposal as it exists and would like to have an opportunity
to study alternatives to this proposal.; that he asks that this matter be returned to
the Planning Commission pending an alternative proposal by Mr. Hanson; that Mr.
Hanson is now in Norway and will not return until September 15, and, therefore would
like a postponement of 90 days before action by Council.. has
Mayor Bredesen told Mr. Rosen he feels that Mr. Hanson /had more than ample time
to present a proposal to the Council; that Edina residents who have purchased their
homes from Mr. Hanson have been before Planning Commission and Council many times
on the matter of thiq rezoning, but have been unable to secure any commitment from
Mr. Hanson; that he (Bredesen) feels there has not been a sincere effort on the
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part of Mr. Hansen to get this problem solved.
Mr. Rosen said that because the Planning Commission is evidently trying to
create a buffer between R -4 Multiple Residence District and presently developed
one - family residential district by Resoning to R -2 and R -3 Districts, this may
have some damaging effect on Mr. Hansen's undeveloped property; that because of
this Mr. Hanson should have something to say about the proposal.
Planning Director Hite recommended that Council rezone, now, and consider
any request by Mr. Hanson for the rezoning of his property at a later date.
Mr. George A. May, 6645 Parkwood Road, reported to Council he believes that
if only Mr. Wallace Kenneth's property is to be considered for rezoning tonight,
Parkwood Knolls neighbors will object because they feel that if any property is
to be rezoned, all of it should be rezoned. Mr. May then inquired as to why the
northern portion of the property, directly east of the R -4 Zone, is proposed for
R -3 zoning, whereas, on the southern portion, R -2 is proposed adjacent to R -4
zoning. Mr. Hite replied that, at this point, there is an extreme difference in
elevation, and the Commission felt that R -3 Zoning could be accomplished without
injury -to any property. Mr. May countered that, regardless of the difference in
elevation, he feels sympathy for Mr. Hanson if he is required to put single
family dwellings next to R -3 zoning.
I�Ir. James Hennessy, attorney for Mr. Wallace Kenneth, petitioner for rezoning,
cited the long delay Mr. Kenneth has experienced, being some two years, saying he
has cooperated with Planning Department and with Planning Commission's suggestions
all this time, and has waited for action until there is no more time left on his
=� option. He urged and requested Council to reach a decision tonight.
Referring to the R -3 District as proposed, Planning Director Hite pointed out
that it is just East of the Pederson Dairy, which is zoned Community Store, and
that this zoning obviously has some relation to the zoning of the property
U adjacent to it.
Mr. David Platter, 5504 Parkwood Lane, who said he represented a group of
residents on Parkwood Road, south to Parkwood Lane, reviewed the matter of this
group's request to Mr. Kenneth that he write covenants in the deeds, that the lots
directly behind Parkwood Road and Lane will be comparable to those on these two
streets. Mr. Kenneth has so agreed.
Mr. Kenneth waid that without resorting to too much emotion he would ask that
the Council act favorably on the rezoning proposal so that he could now go ahead
and get something developed - -that he is most concerned about the delaying tactics
of the opposition, and that the time of his option has run out.
Mr. Oliver, 6620 Parkwood Road, stated the residents are satisfied with
what is being done at their corner, but they have been of the opinion that there is
a tendency to over -build apartments in Edina, and suggested that the R -3 zoning be
converted to R -2.
Viewing the plan, Mr. May inquired concerning the protection of the neighboring
residents that that area now zoned 11R -1" or "Open Development District" will not
become something else in the near future. Mayor Brredesen replied that there is no
real nor lasting protection - -that the Council cannot bar petitioners for rezoning;
but that there is a recommendation of the Planning Commission for Council to follow,
and that barring any unforseen occurrances, or substantial changes in the personnel
of Commission and Council it should remain R -1.
Mr. Rosen protested tajj etWHanson property is not yet platted, and it is thus
impossible to tell whether Mr. Hanson's property will abut residential lots or the
fromt of an apartment complex.
Saying that for over two years the Council has waited for information from I.4r.
Hanson, Mayor Bredesen said it's his opinion that the Council cannot possibly be
called hasty in these deliberations. He asked for action. MacMillan offered the
following Ordinance, moving that the Council dispense with the second reading thereof
and adopt the Ordinance as submitted:
ORDINANCE NO. 261 -91
AN ORDINANCE AMENDING ORDINANCE NO. 261 (ZONING ORDINANCE)OF
THE VILLAGE OF EDINA, ESTABLISHING ADDITIONAL,`'
R -2, R -3 AND R -4 MULTIPLE RESIDENCE DISTRICTS
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1. Paragraph 1, Multiple Residence District Boundaries, of Section 4,
(Multiple Residence District) of Ordinance No. 261 of revised Ordinances of the Village
of Edina,as amended, is hereby further amended by adding the following sub - paragraphs:
"District R -2:
11(3) That part of the West 1/2 of the Southwest 1/4 of Section 30, and that part
of the Northwest 1/4 of the Northwest 1/4 of Section 31, Township 117, Range 21,
described as follows: Beginning at a point in the South line of the West 1/2 of the
Southwest 1/4 of said Section 30, distant 625.1 feet West of the Southeast corner
thereof; thence North parallel with the East line of the West 1/2 of said Southwest
1/4 a distance of 1200 feet; thence Northwesterly deflecting to the left at an angle
of 44m -15' a distance of 435 feet; thence at a right angle Northeasterly 170 feet;
thence Southeasterly deflecting to the right 880-30' a distance of 465 feet; thence
Southerly deflecting to the right 450-45' a distance of 50 feet; thence Southeasterly
deflecting to the right 510-30' to a line 400.1 feet West of the East line of the Iciest
1/2 of said Southwest 1/4; thence South along last said West line to the South line
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of said Southwest 1/4; thence Southwesterly deflecting to the left 250 a distance
of 175 feet; thence southerly deflecting to the right 350-301 a distance of 350
feet; thence southerly deflecting to the right 111-30' to an intersection with a
line drawn from a point in the I-lest line of said Northwest 1/4 of the Northwest 1/4
of Section 31, distant 637.08 feet South of the Northwest corner thereof to a point
in the East line of said quarter - quarter, distant 631.73 feet South of the North-
east corner thereof; thence West along said line so drawn to a point 730 feet West
of the East line of said quarter- quarter; thence Northeasterly to the point of
beginning."
11(4) That part of the East 1/2 of the Southwest 1/4 of / Section 30; Township
117, Range 21 begin i t a �o ija 408.1 feet Hest of the K•loutheast corner of the
Southwest °�u Awes rtez
Quarter /o sal section; thence North 1, 220 feet parallel with the East
line of the Southwest Quarter of the Southwest 1/4, Section 30; thence Southeast
at an angle of 1260-301 a distance of 165 feet; thence Southwest at an angle of
690-151 a distance of 80 feet; thence South parallel to the I-lest line of the
Southwest Quarter of Southwest Quarter of Section 30 a distance of 785 feet;
thence Southeast at an angle of 240 a distance of 195 feet; thence south parallel
to the hest line of the Southwest Quarter of the Southwest Quarter of Section 30
a.distance of 90 feet; thence West to the point of beginning."
"District R -3:
"(5) The East 255 feet of the following described tract:
'The East 600 feet of the North 350 feet of that part of the Northwest
1/4 of the Southwest 1/4 lying west of the East 400.1 feet thereof, of Section 30,
Township 117, Range 21 ((Parcel No. 0510)"'
"(6) That part of Parcel No. 0520, Section 30, Township 117, Range 21,
beginning at a point 555 feet South and 885 feet East of the Northwest corner of
the Southwest 1/4 of said Section 30 and running North 205 feet parallel to the
I-lest line of said Section 30; thence West 250 feet parallel to the North line of
the Southwest 1/4 of said Section 30; thence Southwest at an angle of 620 for a
distance of 240 feet; thence East 365 feet to point of beginning."
11(7) That part of the Southwest 1/4 of the Southwest 1/4 of Section 30,
Township 117, Range 21, described as follows: Beginning at a point 1010 feet
South and 220 feet West of the Northwest corner of the Southwest 1/4 of Southwest
1/4 of said Section 30; thence Southeast deflecting to the right from a line
parallel with the I-lest line of said Quarter - Quarter Section 450 -15' a distance
of 230 feet; thence at aright angle Northeasterly 170 feet; thence Northeasterly
deflecting to the left at an angle of 260-30' a distance of 335 feet; theaee
Ne�zheae�e�l3�- def�aeta�g -te_ the - left- at- an- ertg�e- ef- �6n- 3 @t- a- dista�iee -e� -335
fee-; thence Northeasterly to a point 555 feet South of the North line and 400.1
feet west of'the East line of the Southwest 1/4 of the Southwest 1/4, Section 30,.
Township 117, Range 21; thence West parallel with the North line of said Southwest
1/4 Southwest 1/4 a distance of 325 feet; thence Southwesterly to the actual point
of beginning."
"District R -4:
"(7) The East 325 feet of the West 345 feet of the following described
parcel:
'Parcel 0510- -East 600 feet of the North 350 feet of that part of the-North-
west 1/4 of the Southwest 1/4 lying hest of the East 400.1 feet thereof, Section
30, Township 117, Range 21.11'
11(8) oTP partto narc l go R20 reguaorter0, Township 117, Range 21,
beginning /at a point 5 . et gout o the orthwest corner of the Southwest 1/4 of
Southwest 1/4 of said Section 30; thence East 520 feet,at a right angle to the Vilest
line of said Quarter - Quarter Section; thence Northeast 240 feet at an angle 630;
thence hest 335 feet parallel with North line of Southwest 1/4 of Southwest 1/4
of said Section 30; thence South parallel with the hest line of Southwest 1/4 of
said Section 30 a distance of 155 feet; thence West at a right angle 305 feet.-to
the West line of said Quarter Quarter Section, "thence South to point of beginning."
And that said District R -2 (3) and (4); District R -3 (5), (6) and (7); and
District R -4 (7) and (8) are in accordance with "Kenneth- Hansen - Pederson Land
Rezoning Proposal" dated June 30, 1964, as approved by the Edina Planning Commission
July 1, 1964, and now on file in the Planning Department of the Village of Edina.
Section 2. This ordinance shall be in effect immediately upon its passage
and publication.
Motion for adoption of the Ordinance as submitted, waiver of second reading,
was seconded by Tupa, and on Rollcall there were ve ayes and no nays, as follows:
MacMillan, aye; Rixe, aye; Tupa, aye; VanVa.'Zb rg, aye; and B desen, aye; and
the,P
rinance was adopted.
AT�J
Mayor
'Village Clerk
x/20/64
COU14CIL REZONES LOTS ONE AND THREE, BLOCK ONE, ENROTH'S FIRST ADDITION (5205
VERNON AVE. FROM COMMUNITY STORE DISTRICT TO "C -4 COMMERCIAL DISTRICT ". Clerk
presented Affidavits of Publication in Edina - Morningside Courier July 9 and 16,
1964, and of mailing,to owners of affected properties, of "Notice of Public
Hearings on Petitions for Rezoning;" which affidavits were approved as to form
and ordered placed on file. Pursuant to due notice given, Public Hearing was
conducted on the petition of Shell Oil Company for the Rezoning from Community
Store District to "C -4 COMMERCIAL DISTRICT" of Lots 1 and 3, Block 1, Enroth's
First Addition (5205 Vernon Avenue), for purpose of constructing Gasoline
Service Station thereon. Planning Director Hite explained that this is the
property directly Southwest of the Kroger Store on Highway 169, which site has
been approved as site of an automobile car wash but is apparently in the process
of being sold; that the Punning Commission has recommended approval. The only
objection registered was that of Mr. George P. Lundblad, Phoenix, the owner of
the-corner property at Eden Ave. and Highway No. 169 (now leased to Standard Oil
Company) on grounds that this area already has enough service stations. Mr. John
Kohl, representing Shell Oil Company, presented sketch of proposed station. Miss
Katherine Pierce inquired as to why this property should have to be rezoned from
Community Store District; was informed that either C -4 Commercial Zoning, or a
Special Permit for Gasoline Service Station under Community Store Zoning would
be required for construction of the gasoline station; that'.'Public Hearing is
necessary either way. VanValkenburg offered the following Ordinance, moving
that Council dispense with second reading and adopt Ordinance as submitted:
ORDINANCE NO. 261 -92
AN ORDINANCE AMENDINGITHE ZONING ORDINANCE OF THE VILLAGE
OF EDINA BY ESTABLISHING AN ADDITIONAL C -4 COMMERCIAL DISTRICT.
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA; MINNESOTA, ORDAINS:
V Section 1. Section 11, Commercial District, of Ordinance No. 261 of the
Village of Edina, as amended, is hereby further amended by adding at the end of Sub-
paragraph 3 (Boundaries of Commercial District) the following:
"(2) - C -4 COMMERCIAL DISTRICT:
Lots 1 and 3, Block 1, Enroth's First Addition."
Section 2. This Ordinance shall be in effect immediately upon its
passage and publication.
Motion for adoption of the 9rdihance, was seconded by Rixe, and on Rollcall there
were five ayes and no nays, as follows: Macliilla aye; Rixe, aye; Tupa, aye;
VanValkenburg, aye; and Bredesen, aye; and the rdinanee was ad ed.
ATT
Mayor
LOTS 14 AND 15, BLOCK 21, FAIRFAX ADDITION REZONED FROM OPEN DEVELOPMENT DISTRICT TO
AUTOMOBILE PARKING DISTRICT, Affidavits of Publication in Edina- Morningside•Courier
July 9 and 16, 1964, and of Flailing to affected property owners of "Notice of Public
Hearings on Petitions for Rezoning" were presented by Clerk, approved as to form and
ordered placed on file. Pursuant to due notice given, Public Hearing was called on
the Petition of Valley View Drug for the Rezoning from Open Development District to
Automobile Parking District of Lots 14 and.15, Block 21, Fairfax Addition, (6109 -85
Wooddale.Ave, ience .i lPlan was shown of the proposed Parking Lot, which included a six-
ao:pizo woo some seven feet south of the present cyclone fence at the north
boundary of the property, extending East approximately 18 feet beyond the front of
the present garage at 6101 Wooddale Avenue (this to keep the glare of the parking
lot Northbound traffic from #6101 Wooddale), and a proposed four -foot cyclone fence
proposed for the east side of the parking lot, between the presently existing
.redwood fences at the Drugstore and at 6104 Kellogg Ave. Fir. John Kistle, 6101
Wooddale Avenue, asked that Council be certain they require sufficient beautification
area between his house and parking lot; also fence be required far enough East to be
sure to keep headlight glare from his yard. Mr. J. L. Doman, 6108 Kellogg Avenue,
told Council that at the present time his lot is being used as a shortcut to the
Drug Store by the entire neighborhood; that he has some objection to the proposed
chain link fence behind his lot because it does not continue the line of the
redwood fence. Asked by Mr. Hite if he thought it would be possible to retain the
trees and still build a redwood fence, Mr. Doman said he thought so - -that he wanted
the redwood fence. Mr. Robert Schnell, attorney for Mr. DeKraay, said he fett that
that the trees should be taken out if the fence is to be built; and Mr. Doman reported
he would prefer the fence to the trees. Saying that Mr. Doman's neighbor preferred
the trees, Mr. Schnell asked Mr. Doman if he would agree to the rezoning providing
the DeKraay interests build a six -foot redwood fence down to where his neiishbor's lot
joins his, and Mr. Doman replied that this would be excellent as it serves his
privacy. MacMillan then moved that - rezoning be accomplished in accordance with
plan and subsequent discussion, offering the following Ordinance, for waiver of
second reading and adopting of Ordinance as submitted:
164
7/20/64
ORDINANCE NO. 261 -93
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE
OF EDINA BY ESTABLISHING AN ADDITIONAL
AUTOMOBILE PARKING DISTRICT
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1. Section 5, Automobile Parking District, of Ordinance No.
261 of the Village of Edina, as amended; is hereby further amended by adding at
the end of paragraph 1 of said Section 5 an additional subparagraph as follows:
"(j) Lots 14 and 15, Block 21, Fairfax Addition."
Section 2. This Ordinance shall be in effect immediately upon its
passage and publication.
Motion for rezoning in accordance with discussion, waiver of second reading of
Ordinance and adoption of Ordinance as submitted was seconded by Tupa, and on
Rollcall there were five ayes and no nays, as fol ws MacMillan aye; Rixe,
aye•. upa, aye; VanValkenburg, aye; "and Bredes ,aye; and Ordi e was adopted.
AT T:
Mayor
. Valllage Clerk
COUNCIL SCHEDULES PUBLIC HEARING FOR AUGUST 17, ON REZONING OF " CAHILL AREA" AND
CONTINUES PUBLIC HEARING ON STOW COMPANY PETITIOII FOR REZONING OF CAHILL CORNER
TO COMMUNITY STORE DISTRICT (FOR GASOLINE SERVICE STATION) TO THAT DATE. Council
called Public Hearing, continued from June 1, on the petition of The Stow Company
for the Rezoning from Open Development District to Community Store District of the
Southeast Corner, W.70th Street and Cahill Road: Attorney Josiah Brill, represent-
ing The Stow Company, reminded Council of the memorandum, dated July 2, summarizing
happenings at the Planning Commission Meeting of July 1, relative to Stow Company
petition. (See, also, Minutes of Planning Commission Meeting). Mr. Hite presented
to the Council the sketch referred to in the Planning Commission Minutes, having
been prepared for the Commission by the Village Planning Department, having been
considered by the Commission, the Petitioners for Community Store District and the
Pure Oil Company, then returned by the Pure Oil Company with a slight modification.
Sketch showed the proposed location of the Gasoline Service Station at the Southwest
corner of w.70th Street and "Amundson Ave.", (which would move it some distance East
of its petitioned location. Mr. Hite reported this new location would use part of
the Cahill School property, as well as part of the Amundson property. Mr. Brill
told Council that if Council and the Stow Company can agree upon the rezoning of
the property, Stow Company does not object to having the gasoline station located
where Mr. Hite has suggested it be located- -but that there is a final disagreement
on one point, in that the Planning Commission does not want to consider the gasoline
station at all unless the Stow Company applies under the new Commercial District
Ordinance, which would not allow the building of a gasoline station first, and would
require a plan of the whole development. He added that if the Council will zone the
whole property commercial, without reference to the new ordinance, petitioners will
be glad to build the gasoline station where Planning Commission now wants.
Mayor Bredesen told Mr. Brill that, presuming the Council does approve this
new plan and the rezoning for the station at the considered new location, no action
can be taken prior to proper notice and a new public hearing. Planning Director Hite
told Council that Commission would want Council to consider the possible land use for
the westerly portion of the old Cahill School site at the same public hearing -- which
recommendation Mr. Brill told Council would be "perfectly O.K.". Hite then recommended
that the entire "Cahill area" be considered for rezoning at this time, suggesting that
the Planning Commission feels that no commercial development makes sense unless it
is planned.
The resident at 6909 Limerick Lane asked for an explanation, requesting that
the Hearing be delayed, so that all the residents in the area might have a chance to
see exactly what is going on.
Mr. V. B. Edwards of the Pure Oil Company stated the proposed change outlined by
Mr. Hite is agreeable with the Company.
Mrs. Fellman, 6801 Limerick Lane, Told Council she feels there has been a change
in neighborhood sentiment since the first application for a filling station; that the
general feeling, now, is that neighborhood residents would be glad to have the station.
Assuring Messrs. Brill and Stow that it is the intention of the Council to rezone
the site at W.70th St. and Amundson Ave. for a filling station, Mayor Bredesen called
for a motion Continuing to August 17 the Public Hearing on the Stow Petition for
Rezoning to Community Store District, requesting the Planning Commission to have firm
recommendation fob the Council Meeting of August 3 on the Zoning for the entire Cahill
area, and scheduling Public Hearing for August 17 for the rezoning of the entire Cahill
area in accordance with the Planning Commission's recommendation. VanValkenburg so
moved. notion seconded by Rixe and carried. Mr. Hite explained that the informal
proposal for the Cahill School - Amundson tracts is for 11C -4 Commercial" for the gasoline
station site; "Office Building District" for the Cahill School side, and 11C -1 Commercial
for the balance of the Amundson property. Mr. Brill agreed this would be proper.
1
1
Ell
r
/ 7/20/64
ORDINANCE NO. 261 -94
AN ORDINANCE ARENDING THE
ZONING ORDINANCE OF THE VILLAGE
AS TO THE USES AND RESTRICTIONS
IN THE PLANNED INDUSTRIAL DISTRICT
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1. The Zoning Ordinance (No. 261) of the Village, as amended,
is hereby further amended by adding to subparagraph (a) of paragraph 3 (Specific
Uses Permitted in District) of Section 11 (Planned Industrial District) the follow-
ing subparagraph:
-n(3) Offices."
Section 2. Subsubparagraph (3) of subparagraph (b) of the same para-
graph 3 of Section 11 of said ordinance is hereby amended to read as follows:
11(3) Warehousing of products not manufactured on the premises of the principal
use, provided that products warehoused are either owned by or consigned to the owner
of the principal use, and further provided that the gross floor area devoted to
warehousing does not exceed ten times the area devoted to the principal use."
Section 3. Subparagraph (e) of paragraph 6 (Restrictions, Controls and
Design Standards) of Section 11 of said ordinance is hereby amended to read as
follows:
"(e) Loading Facilities. All loading or unloading into or out of trucks
in excess of 3/4 ton capacity or railroad cars shall be conducted at facil-
ities specifically designed and designated for that purpose. Those
facilities, hereby designated as "loading facilities ", shall be sub
ject to the following regulations:
(1)
Amount Required. Loading facilities of sufficient number to pro-
vide for the requirements of each use shall be provided on the
premises of each principal and accessory use. The exact number
required will depend on the nature of the principal and accessory
use and the type of transport service used, but in no event
shall there be less than one truck transport loading facility
for each 50,000 square feet of building floor area or major.
fractions thereof.
(2)
Design.. ., A loading facility includes the dock to or from which the
transport vehicle is being unloaded or loaded, the berth for the
vehicle while it is being loaded or unloaded, and the maneuvering
areas needed to maneuver the vehicle into or out of its berth.
All docks shall be located within the perimeter of the building
housing the principal or accessory use and they shall be com-
pletely enclosed except for the opening needed for access to a
vehicle during the time it is standing in the berth. All berths'
shall be screened from view from the property's street frontages
or from a Planned Industrial District boundary by a solid wall of
not less than ten feet in height. Such walls shall be so designed
that they are architecturally harmonious with the principal struc-
ture on the lot. At least one and not less than 500 of the re-
quired number of truck transport loading berths shall be not lass
than 50 feet in length, 14 feet in width and 15 feet in height.
All truck transport berths and maneuvering areas shall be surfaced
with a hard, all - weather, durable, dust -free surfacing material3
properly drained and maintained in a sightly and well kept condition.
(3)
Location. No loading facility shall be located on a street front-
age. A loading facility includes the dock, berth, maneuvering
area, and necessary screening walls. No berth shall be located
within the required side or rear yards. All berths shall be
physically separated from the areas used for off street parking
except for connecting driveways or aisles. No maneuvering area
shall be located within ten feet of a side or rear property line.
Section
4. This ordinance shall be in full force and effect forthwith
upon its passage
and publication.
7/20/64
COUNCIL'S APPROVAL OF SIDE LOT VARIANCE AT 5824 FAIRFAX AVENUE IS CONTINGENT UPON
ASSENT BY NEIGHBOR. Council conducted Public Hearing on the request of Mr. Robert
Savre, 5824 Fairfax Avenue for permit to extend an existing garage to within one
foot of side property line (Zoning Ordinance Requirements are five -foot minimum).
Affidavit of Mailing of Notice of Hearing was presented, reviewed and ordered
placed on file. With the help of a sketch, Planner Dick Fredlund explained to
the Council the reason for the Planning Commission's July lst denial of this
request - -their being a fence at the property line and, if garage is extended,
very little room between garage and frence for land maintenance. Mr..Savre,
who stated he had not had an opportunity to personally present his case to the
Planning Commission, told Council that he wants to stay at this location- -that
everything is fine except the garage, but that he must now enter the garage at
an angle and thus park at an angle, leaving no room for storage. He added that
his neighbor to the south is in favor of this proposal; that he (Mr. Savre)
intends to put in a cement driveway if he can secure this variance. VanValkenburg
moved for Council approval of variance providing petitioner can bring in letter
from his neighbor to the south granting permission. Motion seconded by Tupa and
carried.
COUNCIL DENIES PETITION OF "ELBA, INC." FOR PERMIT TO ADD THE SOUTH SIX FEET OF
LOT 17, BLOCK 5, WEST MINNEAPOLIS HEIGHTS TO LOT 16, MAKING LOT 17 A 40 -FOOT LOT
AND PROVIDING SIDE YARD FOR LOT 16. Public Hearing was conducted on the entitled
Petition, with a rather complicated discussion ensuing. It was explained by
Village Planner Fredlund that Lots 16 and 17 had been in one ownership at the
time the house on Lot 16 was built immediately adjacent to the Lot 16 -Lot 17
lot line; that both lots have since been sold to others; that Elba, Inc. will
V give six feet of Lot 17 to Lot 16 for a side yard, if the remaining 40 feet of
Lot 17 can be established as a buildable lot. Mr. Fredlund explained the Planning
Commission believes that the cutting up of a lot already too small according to
present zoning ordinance could not be recommended; and Mr. Hite added that there
is one objection, from the neighbor to the south. A Mr. Johnson who, insofar as
the Village Clerk was able to determine, had once owned both lots (but after
the house had been built by former owners) and who had sold Lot 17 to Elba, Inc.,
maintained, first, that he had been told at the Village Hall that Lot 17 was a
buildable lot, and, second, that the Village had grantedvariances permitting 40-
foot lots for other lots on Madison Avenue. Mr. Hite, with confirmation of
Village Attorney Hasselquist, maintained that the owner who sold Lot 16 sold the
"side yard" of Lot 17. Trustee MacMillan moved that Council continue public hearing
for two weeks for investigation of purported variances on Madison Avenue, but this
motion lost for want of a second; and, after further discussion, MacMillan moved
that the recommendation of the Planning Commission be accepted and the petition
be denied. Motion seconded by VanValkenburg and carried.
COUNCIL ADOPTS AMENDMENT TO "PLANNED INDUSTRIAL DISTRICT" SECTION OF ZONING ORDINANCE
NO. 261, ADDING "OFFICES" AS A PRINCIPAL USE, ALLOWING WAREHOUSING AS All ACCESSORY USE
TO OFFICES, AND ESTABLISHING DESIGN AND LOCATION REQUIREMENTS FOR LOADING FACILITIES
AND SCREENING. Clerk presented Affidavits of Publication in Edina- Morningside Courier
July 9 and 16, 1964, and of Posting "Notice of Public Hearing on Proposed Amendment
to Planned Industrial District Section of Village Zoning Ordinance No. 261 ", and
pursuant to due notice given Public Hearing was conducted on that proposed amendment
to the Planned Mndustrial Section of the Zoning Ordinance as above entitled. There
were no objections from the floor and none had been received prior to the public
hearing. Some discussion was had among the members of the Council on the terms of
the amendment, with Mr. Hite emphasizing the fact that this amendment does not permit
warehousing as a single use, that it must be part of industrial or office complex.
The matter of the size of warehouses as accessory use to offices received some
Council attention, but it was pointed out that the Ordinance now has no limitation
on the amount of warehousing for products manufactured on the premises. Question
was raised by Trustee Rixe as to whether the Planning Commission has approved the
amendment, and Mr. Hite reported that it has done so, although approval was not
unanimous. Tupa then moved for waiver of Second Reading and for Adoption of
ORDINANCE 110. 261 -94, entitled "Ali ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
VILLAGE OF EDINA AS TO USES AND RESTRICTIONS IN THE PLANNED INDUSTRIAL DISTRICT,"
copy of which is inserted between Pages 164 and 165 of this Minute Book.
Motion for waiver of Second Reading and for adoption of Ordinance 261 -94 was seconded
by Rixe, and on Rollcall there were five ayes and no a s, as follows: MacMillan,
aye; Rixe, aye; Tupa, aye; VanValkenburg, aye; an Brelesen, aye; �.d the Ordinance
was adopted.
A Mayor
Village Clerk
166 7/20/64
J COUNCIL TO HOLD BID 09 LOTS SIX AND SEVEN, BLOCK ONE, EDENMOOR ADDITION FOR
1( THIRTY DAYS, PENDING CHECK WITH VILLAGE ASSESSOR. Mayor Bredesen opened and
read a Purchase Agreement, signed by Kenneth F. and Bernice A. Harvey, in the
amount of $5,150.00, accompanied by Earnest Money Check in amount of $150.00,
with balance to be paid in amounts of $1,000 on August 1, 1965 and on each
successive August 1, to and including August 1, 1968, together with interest on
the declining balance from time to time outstanding, at the rate of 5 -1/20
per annum. One condition of the purchase agreement was that "zoning for said
property is to be for 'heavy industrial' use, the same as for the adjoining
property described as Lot 2, Block 1 of banner Addition." Planning Director
Hite explained that while this Purchase Agreement is in response to "Advertisement
for Bids, Two Lots, One Duelling" published in the Edina- Morningside Courier and
Construction Bulletin July 9 and 16, it cannot be considered an "official.bid"
as such because the bids date was Friday, July 17. He ..added that no bids. had
been received at that time for these two lots. Some discussion was had on
the purchase agreement, and Mr. Harvey suggested that Council keep it for 30
days for further consideration. He was informed, however, that the zoning of
the property could not be 'a consideration of the purchase.
NO BIDS RECEIVED ON HOUSE AT 4900 BROOKSIDE AVENUE. It was reported that no bids
had been received on this old dwelling, pursuant to the advertisement for bids
in Edina- I-iorngingside Courier and Construction Bulletin�on July 9 and 16. No
action taken.
HEN4EPIN COUNTY HIGHWAY DEPARTMENT'S REQUEST FOR EASEMENTS AND DITCH PERMITS NEAR
TRACY AVENUE HONORED. Manager Hyde reviewed July 7th request by Hennepin County
Highway for certain Ditch Permits and an Easement relative to the proposed connection
of Tracy Avenue to Valley View Road, recommending that Council bonor request. Tupa's
motion, that Village grant to Hennepin County the following, was seconded by VanValken-
burg and unanimously carried.
HIGHWAY EASEMENT - That part of Outlot 3, Creek Valley Addition lying NEly of a
line parallel with and 75.0 feet Silly of the following described line: Beginning at
the North Quarter (Nl /4) corner of Section 5, Township 116, North, Range 21 West;
thence South along the North and South Quarter line of said Section 5 a distance of
1097.48 feet; thence deflecting to the right with an angle of 7 degrees 33 minutes 12
seconds a distance of 970.55 feet to the actual point of beginning of the line to be
described; thence deflecting to the left from the last described course with an angle
of 21 degrees a distance of 500 feet and-there terminating.
DITCH PERMITS:
(a) That part of Outlot 3, Creek Valley Addn. lying Nly'and NWly of a line
parallel with and 40.0 feet Sly and SEly of the following described line: Beginning
at the N. Quarter (13 1/4) corner of Section 5, Township 116 N, Range 21 W; thence
South along the North and South Quarter line of said Sec. 5 a distance of 1097.48 feet;
thence deflect to the right with an angle of 7 degrees 33 minutes 12 seconds a distance
of 970.55 feet; thence deflect to the right with an angle of 90 degrees a distance of
75.0 feet to the actual point of beginning of the line to be described; thence
continuing along the extension of the last described line a distance of 15.0 feet;
thence deflect to-the left with an angle of 13 degrees a distance of 119.62 feet and
there terminating. -
(b) That part of the Park, dedicated in the plat of Bach's Addition, Village of
Edina, Hennepin County, Minnesota, lying 40.0 feet Southerly of the following described
line: Begining at the North Quarter (N 1/4) corner of Sec. 5, Twp. 116 N., Range 21
;•7.; th..South along the North and South Quarter line of said Sec. 5 a distance of
1097.48 feet; thence deflect to the right with an angle of 7 degrees 33 minutes 12
seconds a distance of 970.55 feet; thence deflect to the left with an angle of 21
degrees a distance of 297..5 feet to the actual point of beginning of the line to be
described; thence deflect to the left with an angle of 90 degrees a distance of 150.0
feet, and there terminating.
HENNEPIN COUNTY HIGHWAY DEPARTI.IENT'S REQUEST FOR PARTICIPATION IN COST OF CORRECTIVE
MEASURES TO SOLVE FLOOD SITUATION AT FRANCE AND HALIFAX AVENUES RECEIVES COUNCIL
ATTENTION. Council read the request, dated July 10, 1964, entitled "Re: Storm
Drainage, France Avenue g Halifax Avenue, County State Aid Highway 17 ", requesting
Edina's participation in the cost of correcting the flood situation now existing
on France Avenue at approximately Halifax Avenue and W.60th Street. Letter stated
the County Hydrualic Engineg bas bee r�q�uested to study situation and recommend
measures to solve problem. �aReiagr li-ee er'ttfite's recommendation of July 16,
under the subject, "July 9th Storm - -Storm Sewer Problems" was that Edina not commit
itself to financial assistance until the results of the hydraulic study have been
reviewed. MacMillan's motion, that Mr. Hite's recommendation be accepted, was
seconded by Rixe and carried.
HENNEPIN COUNTY HIGHWAY DEPARTMENT TO MAINTAIN TRAFFIC SIGNALS BEGINNING JULY 15.
The County's notification, dated July 13, that it will assume full maintenance of
several traffic signals on County Highways as of July 15, was received with thanks,
reviewed and ordered placed on file. This is pursuant to Village Council's resolution
of June 1, 1964, requesting this maintenance.
7/20/64
OILING PETITIONS ACCEPTED. The following Petitions for Oil were submitted and
by Motion Tupa, seconded MacMillan and carried, were accepted and referred to the
Village Engineer for proper action:
1. Brookview Ave. from W.58th St. to W.59th St.
2. Lee Valley Circle.
3. West Trail from Country Road No. 18 to Iriquois Trail; Samuel Road from
County Road No. 18 to Sally Lane, and all of Sally Lane.
SPECIAL ASSESSMENTS CANCELLED Oil LOT 5, BLOCK 2, OAK VIEW ADDITION. Attorney
General's request for cancellation of assessments on the above entitled lot,
acquired by the state through eminent domain proceedings in July; 1960, was
read. Some discussion followed, it being the position of the Attorney General
that these are "improper assessments ". Total amount of assessments levied was
$182.08, $145.60 of which are payable after 1964. VanValkenburg's motion, for
cancellation of assessments levied against Lot 5, Block 2, Oak View Addition;
was seconded by Rixe. Rollcall vote was taken on the motion and there were four
ayes, being Rixe, MacMillan, Tupa and VanValkenburg, and one nay vote, Bredesen;
and the motion was carried..
COUNCIL SCHEDULES PUBLIC HEARINGS ON ZONING ORDINANCE VARIANCE REQUESTS AT
CONVENIENCE OF PLANNING DIRECTOR. The following requests for variances from
zoning ordinance requirements were reported by Mr. Hite; and VanValkenburg moved
that Council schedule Public Hearings thereon at Mr. Hite's convenience:
1. Mr. John Ericson, 5932 Grove Street - Reduction of South side yard
on Lot 13, Block 2, Edina Highlands Lakeside Addn. from 15 feet to five feet,
and reduction in width of said Lot 13 from 80 feet to 70 feet, with this
ten feet to be added to Lot 14 to increase the rear yard. (Planning Commission
recommended favorably, at July 15 Meeting.)
2. St. Patrick's Catholic Church School - Front yard setback variance
from 30 feet to nine feet on St. Patrick's Lane for class room addition.
(Planning Commission has delayed recommendation pending field trip).
3. Mr. Robert Loftus, 4205 Dunberry Lane - Side yard variance to allow
construction of family room addition to within 7.5 feet of lot line. Ordinance
requires ten feet side yard on living side. (Planning Commission recommended
favorably on July 15.)
4. Mr. R.L. 4artin, 5909 Halifax Ave. - Four Foot Setback from South Lot
Line - request for re- schedule of Public Hearing.
Motion was seconded by Rixe and carried.
PRELIMINARY PLAT OF "DAHLQUIST ADDITION" APPROVED. Council reviewed Planning
Conunission's July 15th recommendation for approval of this Preliminary Plat,
including a 33.55 -foot road frontage (requirement is 75 feet). This property
is located to the east of Valley View Road, SWly of Mark Terrace Drive, and
just North of Braemar Park's No. 2 tee. Tupa's motion for approval of
Preliminary Plat in accordance with Planning Commission's recommendation was
seconded by VanValkenburg and carried.
COUNCIL SCHEDULES PUBLIC HEARINGS ON IMPROVEMENTS AT REQUEST OF VILLAGE ENGINEER.
1. Zenith Avenue from 985 Feet, more or less, South of West 60th Street to
155 Feet, more or less,South - Sanitary Sewer. (SANITARY SEWER IMPROVEMENT
NO. 223). Engineer Hite told Council that the petitioner for this improvement
(who had agreed to pay the entire cost of the project with the understanding
that he could collect half thereof from his next door neighbor at time neighbor
hooked up- -but was subsequently informed that Village could not enforce
collection for him) has asked that the contract for the improvement be
cancelled. He added he believes petitioner was discouraged because contract
cost was so much higher than he had expected (Estimated contract cost, $1,939.00;
actual, 03,284.54. Mr. Hite told Council he has talked with Peter Lametti
Construction Company, contractor; and that they are willing to delete this
particular project from their composite contract. Mr. Hite reported, however,
that the one lot really needs sewer, and that the neighbor can be served by
it; also, that the lots across the street could be served if they are willing
to install sump pumps - -and that they could take a reduced assessment. Mr. Hite
recommended a re- hearing, on the basis that all who can be served bear a share
of the assessment. (See Resolution for Hearing).
2. Halifax Lane from Woodland Circle to N. line of Colonial Grove 3rd Addn.-
Street Improvement. Engineer Hite recommended a Public Hearing on Permanent
Surfacing for this short stretch of street, saying that the Village is constantly
being asked to maintain the street, arid that while one of the property owners
is willing for a major improvement, the other is not. (See Resolution for Hearing).
VanValkenburg then offered the following Resolution and moved its adoption:
1168 y
7/20/64
RESOLUTION PROVIDING FOR PUBLIC HEARINGS Oil
PROPOSED SANITARY SEWER A14D STREET ItIPROVEMEXTS
BE IT RESOLVED by the Council of the Village of Edina:
1. The Village Engineer, having submitted to the.Council a preliminary
report as to the feasibility of the proposed SANITARY SEWER AND STREET IMPROVE-
MENTS described in the Form of Notice of Hearing 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.
2. This Council shall meet on Monday, August 3, 1964, at 7:00 P.M., in the
Edina Village Hall, to consider in public hearing the views of all persons
interested in said proposed improvements.
3. 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 for 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:
NOTICE OF PUBLIC HEARINGS ON
STABLIIZATION OF BASE AND ASPHALT CONCRETE LSAT
AND
SANITARY SEWER
EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Ronday, August 3,
1964, at 7:00 P.M., to consider the following proposed improvements to be
constructed under the authority granted by Minnesota Statutes 1961, Chapter 429.
The approximate cost of said improvements is estimated by the Village as set
forth below:
ESTIMATED COST
1. CONSTRUCTION OF STABILIZED BASE AND•ASPHALT
CONCRETE MAT Oil THE (FOLLOWING STREET:
Halifax Lane from Woodland Circle to the north
line of Colonial Grove Third Addition. $ 500.00
2. CONSTRUCTION OF VILLAGE SANITARY SEWER AND
APPURTEilANCES IN THE FOLLOWING:
Zenith Avenue from 980 feet, more or less, south
of best 60th Street to 1230 feet, more or less,
south of West 60th Street. $5,719.74•
The area proposed to be assessed for the proposed improvement under No. 1
above includes Lot 1, Block 1; and Lot 1, Block 2 in Colonial Grove Third Addition.
The area proposed to be assessed for the proposed improvement under No. 2•
above includes Lots 14, 15 and 16, Block 3, Town Realty's Edina Terrace; Lot 1,
Block 1, Anderson's Edina Terrace; and Outlot 1, Block 2, Town Realty's Edina
Terrace.
GRETCHEN S. ALDEN
Village Clerk
Motion for adoption of the Resolution was seconded by •faclSillan, and on Rollcall
there were five ayes and no nays, as follows: Mac• 1 , aye; Ri ,aye; Tupa,
aye- VanValkenburg, aye; and Bredesen, aye; and ne esolution adopted.
A T:
Mayor
Village Clerk
STORM SEWER 110..70 ASSESSMENT TO STAY Oil LOT 22, BROOKSIDE TERRACE (45112 Brookside)
Engineer Hite reported that engineering investigation, made pursuant to airs.
Elliott Chaska's request for cancellation of Storm Sewer No. 70 on grounds that her
lot does not drain to sewer, shows that while Mrs. Chaska's lot is admittedly flat
and drainage is very slow, the water does eventually get to the storm sewer
improvement in Rutledge Avenue. He reported, too, that there is a ponding area
consisting of the rear yards in Lots 23, 24, 25 and 26, where the water does pond
for some time- -but that this pond cannot be drained without an additional pipe;
although these lots, too, get benefit from the storm sewer improvement because it
has lowered the water table. Mrs. Chaska disagreed with Mr. Hite, saying the
water from her lot does not drain to the sewer. Mr. Hite recommended that that
the assessment stand, inasmuch as this lot is benefited, and Rixe so moved. Motion
seconded by VanValkenburg and carried.
CLAIMS PAID. Tupa's motion for payment of the following Claims, as per Pre -List
dated July 20, 1964, was seconded by MacMillan and carried: General Fund, $15,271.82;
Construction Fund, $170,970.40; Park, Park Construction, Swim Pool, Golf Course Funds,
$22,851.37; Waterworks Fund, $33,860.70; Liquor Fund, $63,857.63; Sewer Rental Fund,
$137,23 -- Total, $306,949.15.
MOTOR BIKE RENTALS DISCUSSED . Council discussed motor bike rentals, pursuant to
calls received at this office, relative to the regulations for such rentals -- insurance,
bond, responsibility in general. Village Manager directed to investigate regulations
in other areas.
7/20/64
PETITION` FOR ALLEVIATION OF TRAFFIC PROBLEM ON CONCORD AVENUE BETWEEN SOUTHVIEt -J•
LANE AND VALLEY VIEW ROAD FILED: REFERRED TO POLICE DEPARTMENT. Mayor Bredesen
read to the Council the petition filed with him, signed 56 Concord Avenue property
owners, "imploring the Village Council and Village Police Department to immediately
alleviate the traffic problem on Concord Avenue,namely the continual violation of
the posted speed limit (itself inadequate for the area) by any means deemed necessary."
Manager Hyde informed Council that Police Chief Bennett had been making a study of
traffic control in this area pursuant to a request made in the fall of 1963, at the
time the Valley View Road traffic situation was being discussed. Petition referred
to Police Chief Bennett with Council request for report as to how best to control
traffic.
7/30/64
NOTE: THIS SPACE SAVED FOR TWO "THANK -YOU"
RESOLUTIONS TO BE COMPOSED BY VILLAGE MANAGER,
WARREN C. HYDE.
GRETCHEN S. ALDEN
Village Clerk
STORM SEWER REPORT ACCEPTED. Engineer Hite's memorandum to Manager Hyde, relative to
Storm Sewer problems experienced during the 11100- Year" Storm of July 9th , was reviewed,
accepted and ordered placed on file, with compliment to Mr. Hite for comprehensive
report.
There being no further business to come before this Meeting, Rixe moved for adjournment.
Motion seconded by VanValkenburg and carried. Ad`ournemnt at 10:25 P.M.
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GOLF COURSE OPENED: COUNCIL SENDS
ITS APPRECIATION TO WINNIPEG POLICE
PIPE BAim AND
STOUT STATE COLLEGE OF MENOMII -EE,
WISCONSIN. Reporting on the Formal
Opening,
yesterday, of Braemar Golf Course --which brought a good crowd in spite of the intense
heat —Mr. Hyde asked that Council
express its special appreciation to
the Winnipeg
Police Pipe Band, which performed
at Braemar as a "neighborly gesture
of good will ",
and to Stout State College of Menominee, Wisconsin, which so kindly sent its soccer
team for a game at Braemar Park.
VanValkenburg offered the following
Resolution and
moved its adoption:
O
C.a
7/30/64
NOTE: THIS SPACE SAVED FOR TWO "THANK -YOU"
RESOLUTIONS TO BE COMPOSED BY VILLAGE MANAGER,
WARREN C. HYDE.
GRETCHEN S. ALDEN
Village Clerk
STORM SEWER REPORT ACCEPTED. Engineer Hite's memorandum to Manager Hyde, relative to
Storm Sewer problems experienced during the 11100- Year" Storm of July 9th , was reviewed,
accepted and ordered placed on file, with compliment to Mr. Hite for comprehensive
report.
There being no further business to come before this Meeting, Rixe moved for adjournment.
Motion seconded by VanValkenburg and carried. Ad`ournemnt at 10:25 P.M.
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