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HomeMy WebLinkAbout19641005_regular93 30 0 .cc u u 10/5/64 NIiJUTES OF THE REGULAR iiIEETING OF TdE VILLAGE COUIJCIL, HELD i4ONDAY, OCTOaEE AT 7:OO P.i.I., EDINA VILLAGE dkLL Jembers answering Rollcall were 14aci4illan, Sxe , Tupa, 2-3 1. EDI1iA 1 5, 1964, i VanValkenburg and dredesen. iIIiJUTLS of the Regular bleeting of September 21, and the Adjourned Portion of the September 14 and 21 IIeetings held September 23, were approved as submitted, by motion Tupa, seconded uy i4acilillan and carried. AS TO PLAI.JiGD IlWJSTRIAL DISTRICT SECTLOTI OF ZONIdG ORDIiJMCE kIiE16DED/IraXsilivrr LOT CUVEUGE DY uUILUIlJGS. Septemwand October 1, and of Posting September 22, of "Notice of Public liearing on Proposed Aifiendment to "Planned Industrial District" Section of Village Zoning .Ordinance 140. 261", and of Hailing of Notice, all of which were submitted by Clerk, approved as to forrii and ordered placed on file, Public Hearing was conducted on tiie Proposed Amendment to the Planned Industrial Uistrict changing the maximum allovrable lot coverage by buildings in which the total floor area is under one roof, and when the total area used for loading terminals, docks, and berths is completely enclosed within the same building. Ilr. hite explained tnat this amendment will do tiie same thing as that variance granted to General Jotors Corporation recently. none nad been received prior to this Hearing. urdinance, movint; that Council dispense with second reading and adopt Ordinance as subniitted: Pursuant to Affidavits of Publication in bdina-:Iorninbside Courier There were no objections offered at tne Public dearing, and VanValkenburg offered the follokring ORDidAi?CE NO. 261-97 Ad UAiDiIYAdCE AME;~JDII~G THE ZONIiJG ORDIL~AI~CE OF THE VILLliGL Of EJJL~A AS TO AREA STMDARDS FOR LOTS AdD $UILDIi?.II;; Id THE Section 1. Section 12 (Planned Industrial District) of the Zoning Ordinance (140. 261) of the Village, as amended, is hereby Further amencLed by ailendin;: Sub&n?atrapIi (3), Lot CoveraAe, Parapapi 6 , as Eollows: of Subparagraph (b), h-rea btandards for Lots and Luildinss of Oils, Controls and Design Stanuards, of said Section 12 to read "ParaLrapii 6. Kestrictions, Controls aria Uesibn Standards. "awparagaph (0). Area Standards for Lots ana 4uildiili;s. "(3) Lot Coverage. Ilot more than tiiirty per ceri7: 30; of tslc total area of any lot, tract or pdrcel shall be covered by uuildings or stmctures , except that tile following schedule oE nlaxinurn allowable lot tract or parcel coverage shall aljply when the total building floor area on a site is contained xithin a single building, and when the total area used for loadin,: terrriinals , docks, and berths is co'qletely enclosed witliin the same single building. Total ~uilding Ground EIai;, Allovable Lot, Tract, Floor Area Parcel Coverage - . ~ :j,quare Feet Per Cent .. 100,000 - 193,999 35 200,000 - 299,999 300,000 - 399,999 400,000 znd over 40 45 50 ai-tar its bection 2. passage and publication. Tnis ordinance snall be in full force and effect iimiiediately dotion fori waiver of second reading and adogtion of Ordinance as sumitted was seconded uy' itixe, ana en Kollcall there were five ayes and no nays, as follows: I4aclIillari, aye ; Rixe , aye ; Tujp, aye j VanValke the Ordnance was adogted. 6 LOTS 13 Mil 14, 6LOCL 9, BROOXSIDE hELGHTS TO 3-2 6ULTLCPLt iXSLD&iJCL IIlS?+CT , Eaina-iiorningside Courier Septemer 24 and October 1, 1964, of Posting September 22, CjO.Jh DOclbLi r;UdGALOJ. Clerk presented Affidavits of hblication in and of Jailing of "dotice of Public Hearing on Petition for Rezoning", WhiCh Affidavits were approved as to form and ordered placed on file. notice Liven, Public ilearing was called on tne 2etition of vir. i.1. H. drouillette, 5144 Hankerson Avenue, for the Xezoning from Open Development Distr4ct to K-2 ihltiple Residence Oistricr: of Lots 13 and 14, dlock 9, Brookside Heigiits (5145-5141 'JilliaIn Avenue.) relation to neizhDoring land uses; the Biltmore i4otel to tne Soutn, a 4-unit apartnent to tiie Last, and singie fadly dwellings to the i4ortii and Jest. Planning Comkssion feels tnat one double dwelling on the combination oE the two lots would De goo6 land useage, here. Hr. islark J. Dougall, 5116 uilliam Ave, , stated Lie Pursuant to due ditn the help of a visual aid, Elr. Hite located this property in its ilr. dite stated tile 10/5/64 232 had just wanted to be sure that only doale would be built on tne two tracts, and Jr. Hite replied Tnat this is the condition under which the Commission is making its recormendation. and no written objections had been received prior to the Hearing. the following Ordinance, moving that Council dispense with second reading and adopt Ordinance as submitted: There were no objections offereci at the nearing, Tup offered ORDiiIANCE NO. 261-98 &J OF3idkKE AXLWIiiG THE ZOIJING OFZlIiJAiJCE OF THE VILLAGE OF EDiNA BY ESTABLISWIdG ADDITIOiUL R-2 3ULTIPLE RESIDENCE DISTRICT TiE VILLAGE COUiJCLL OF THE VILLAGE; OF EDIiik, I.fIXi?ESOTA, ORDAIiJS: L Section - - .. 1. Paragraph 1, Thltiple Residence District kioundaries, of Section 4 multiple Residence District) of Ordinance iTo. 261 of revised ordi- nances of tile Village of Edina, as amended, is hereby further amended by adding the following subparagraph: I . '!District R-2 : "(8) Lots Thirteen (13) and Fourteen (14), alock iTine (9), hookside fieights . Section 2. This Ordinance shall be in effect immediately after its passage and publication. Llotion for waiver of second. raading and adoption seconded by VanValkenburg, and on Rollcal as follows: JacXllan, aye; Kixe, aye; Tqa, Bredesen, aye; and the Ordinance was adopted ATTEST : inance as submitted was SIDDE YAPd VAUAIICE G?+iTgD- FOX DOUuLE GAUGE AT 3913 J.48Tn ST. of a visual aid, Planner Fredlund explained to the Council the request for a side yard variance at 3913 i.1.48th Street (>i.65 Ft. of Lot 18 and E. 10 Ft. 02 Lot 19, dhite Oaks Fourth Addition) , in Public Hearing called on ilr. Gilster's petition pursuant to due Posted and Liailed i4otice. ilr, Fredlund explained that because deed restrictions pronibit owner fron building an unattachecl garage and because moving garage Daek within the side yard limitation would dock window and access to walkout, A?. Gilster is requesting a variance permitting him to build his double garage within five.€eet from the west lot line, facia& a public road easeaent used only by himself and the neighbor to the west. The Plannin, Commission has recommended the granting of this variance. raised at the Hearing, and none had been received prior therato. VanValkenburg's motion granting variance in accordance with Planning Corrmission's recommendations was seconded by fise and carried. kiith the help I So objections were VkRIAiJCE FOR BOUkiLE GAKAGE AT 6221 dRO0XVIEil &VEiiUL (LOT 2, 13Lpc.K l~O&3@iJ1 S VALLCY. VIE,!). Clerk presented Affidavits of Posted and Wiled "iiotice of Hearing" and, pursuant thereto, Public Hearing was conducted on the petition of 14r. R. E. ~Jenkins, 6221 Brookview Avenue for a v&rianca to parait an addition to his present single-car garage to within six feet of tlie lot line. It was pointed out that the 100-foot right-of-way for Valley View doad gives a 34-foot boulevard, and that the extension of the garage would not interfere with the Valley View right-of-way. There were no objections registered at the Hearing, and none had been received prior thereto. VanValkenburg's rnotion, approving variance in accordance with Planning Commission's recommendation of September 16, was seconded by ElacXillan and carried. LOT" FACING ANu'. ,FROi?T YARD VARIANCES GRAI?-TED FOZ, LOT 9, EL WJCHO, ADDITIO:?. Clerk pesented Affidavits of Posting and idailing Wotice of Hearing"; anu, pursuant to due notice given, Public hearing: was called on the petition of i4r. George D. Anderson, 20 Woodland Road, for variances permitting him to construct a adelling on the Hest half of Lot 9, El Rancho Addition, facing Prescott Circle rather than interlachen alvd., to within 23 feet of front lot line (ordinance requires 30 feet). Xr. Fredlund reported the Planning Commission has recommended favorably on Lip. Anderson's request, and that the proper letters of assent 'nave been secured. iJ0 objections were ragisterau at the hearing, and none had been made prior thereto. VanValkenburg's motion that lot facing and front yard variances be a2proved in accord with Coinmission's recormendation was seconded by axe and carried. I THRiSE-FOOT SIE YAED FOR GAUSE, AF'PROVED FOR 4519 AIUEIT AVE, (LOT- 9, ULOCd 2-,- COU;\rTXY C&UB DiS:fRICT FAIJGilkY SZCTIOIJ). bemission to construct a two-car garage on Lot 9, i3lock 2, Country Club District, Tile request of Hr. C. V. Lauznlin for Fairway Section, to within three feet from north lot line, was consi&rsd in Public tiearing, pursuant to due Posted and Hailed lioticc. i3earing, and none had been received prior thereto. has letters of assent from oimers of adjoining properties, and thst Planning Commission has recomended favorably on request. Tupa's notion that three-foot siae yard be a2provcd in accord with Comihsion ' s recorifi-tenrlation was seconded by VanValke&urg ad carried, Bo objections were registered at' Iir. Fredlund rarjorted i4r. Laugiilia 10 / 5 /-64 '2 3 3. ?3 30 Q d L2 U EjlXiJA COUiJCIL ELECTS TO BYPASS WARKEX AVENJE; POPID, IiJCREASE COST OF STOKM SEdETc: POI?D TO DEVELOP AT EXPENSE OF OvIHEIIS OF ABUTTIiqG PROPERTIES. of a Spacial >ieeting, Storm Water Pond-Re Septeidber 28 to owners of all properties within the STORi'l SE'VJER IiilPKOVlr;illEi.iT do. 84 assessment area, Public Hearing was held on the matter of using the pond at tila reap of 6500 to 6512 Warren Avenue as a holding basin for Storm Sewer Irnprovenent iJo. 84, as had been proposed at the original Public idearing on this Siorm Sewer. Zinprovement'. At the Council ifeeting of Septenber 14th a ptition had been presented to iiave tnis pond filled "to forestall another drowning such as that which took tne life of Jay ifildsr Olson, 6532 ilTarren Avenue, on June 23, 1964". htorrii Sayer hearing at which it was suggested that pond act as a storage bash. Lir. i-Iite told Council and audience that use of thz pond would have some effect 011 tile cost of the Stomn Sewer because it woula.cut the size of the storm sewer dipe between kfariTen Avenue and ]-line-klile Creek from 48" to 4Z1', but that, strictly from a dollars and cents standpoint there is not sufzicient reason to decide one way or tlie other on development of pond as part of the storm sewer systen--that only about $2,000 is involved, which would be assessed over a considzrmie area. tie reported that one poposal has been worked out as an alternate to bypassing the pond--the design of the pond being about as originally proposed, but including as paPt of the Storm Sewer Cost the fencing of the pond; the property owners to pay for tile actual aevelopment of the pond itself. whicii wants the pond, w'ill do the work, but that owners of otner surrounding proljerties would be expected to contribute toward the cost of this work; that tile work would be accomplished by draining the gresent pond, removing the muck and replacing it with clay. foot "oounce" in the water level a gradual shoreline is not recommended; tirat a steeper shoreline, with pond fenced, is the recommendation, He stated that the Village's other preaogative is to 2ick up storm drainage at Warren Avenue into a larger (48") pipe, drain ,it to Nine-iJile Creek, and treat the pond as any other private gond in the Village. small children against themselves; that negligence is not possible in children under seven years old; that the new homes being built to the west of the dond will constitute an additional hazard as a shortcut to the pond; that the possible increase in land values for those hones abutting the pond is not sufficient to offset the hazard created by the pond. - fence, sliould pond be developed, and drs. Amble replied that this would not be high enough; that fence should be at least six feet high. i4ayor Bredesen inquired of Mr, Hite as to whether the Village has any obligation to see that anything is done with tile pond, and LIr. ifite replied that, inasrtlucn as the pond is wholly privately owned, the Village has no resgonsibility for it unless it is used as part of the Storrn Sewer System, except that if it is consfdered to be a hazard, then the Village could require that it be fenced or otnerwise improved, under the "nuisance" ordinance. protested tnree years ago that this pond was a hazard; that it has been proven so; that ile feels it is ridiculous to leave the pond there, Zr. John Dean of James Investment Company reported it is the desipe of the Com2any to irnj-?rove the pond, and that it was at the request of the Company that J.A. &mens made an estimate of $4,000 for dredging, and backfilling it with good riiaterial; with about a three-to-one slope 'on the shore. Council so orders, the Company will fill that section of the pond which lies within their property with clean material; that they do not propose to go beyond their own lot lines. dr. Bishop, 6544 darren Avenue, stated he feels it is not en-tireky fair to base the i.rhole matter on an emotional basis, and wants everyona to look at the pond as it might Be; that, developed, it becomes a different tiling than it nou is, but tiiat it still does no2 benefit the general area; that it still re2resents 5 hazard, in spite of any'fence. a raidnder to several people in the area of the tragedjr which occurred there this surmer. tne area have been evidenced; and asked Council, "E the pond is designated as the responsibility of the property owners, and is not fenced when it is a hazard, what likelisiood would there be that it would be fenced which it is less of a iiazard?" rip. Oftel, 6400 Idildred Avenue, told Council he feels owners of abutting poperties should have the pond if they want it, and feels it to be no garticular hazard. iie cited "Code" Lake and the one next to it as two of the dozens of doncis in the Village, saying these two are not fenced at all, and are very attractive; tnat there are dozens of children around them, without incident, feels a larger bleeder pipe might be povided as outlet to dine-dile Creek, to eliminate tne two-foot bounce spoken of earlier in the discussion. Pursuant to lltJotice to 6512 llarren Avenue," mailed Public iilorks Director Hite showed a Vu-Graph Slide of the poild, reviewing tile ' . He explained that James Investment Cornpany, ' He added that because there would be approximately two- &. Olson, 6532 Narren Avenue, told Council that it is necessary to protect Urs. Rayliiond E. Amble, 6540 Warren Avenue, inquired about the height of the Mr, I-Iite told her it is proposed to be 42" nigh, Ar. Olson Lieported that the former owner of his home, a blr, Hoffman, had He added that if iie said that just tile existence of tlie pond is He told Council he ?eels that the opinion and feelings of tne people in iie added he l0/5/64 i.Sr, Schwickendorf, 6500 rlarren Avenue, said he feels that tile future of the pond depends on the ariiount of hazard property owners are willing to accegt; that tne argument of hazard being presented tonigrit would mean that Edina would fill several lakes to elininate like hazards, adjacent to the pond, that he feels the risk is worthwhile for the benefit mid enjoyment his family will derive from the pond. for the additional cost, snould the pond now be used for drainage basin. informed that it will be assessed, to a varying degree, over the entire apes benefited by the storm sewer improverltent, I4r. Sewell asked avout the dei?th, which was recommended to be about five feet. inore to eliminate water vegetation than to accoiamodate the water. Asked if the pond could be developed so as to be safe, without use for storm basin, UP. Hite replied that development mibilt be what Hr. Hewell would call safe, but not what somebody else would consider safe; that this is not an easy matter; that shora- lines which are sometimtes wet and sometimes dry become spongy and are generally considered hazardous. Hayor Bredesen read letter from Hr. and Iirs, Thomas' C, ktchison, who have contracted for purchase of house at 6512 Harren Avenue with understanding that pond will remain, stating they want pond. on which the pond lies, and that inasmuch as James Investment Company is in favor of the pond, this means that 100% of the owners of the pond favor keeping it. the pond as a hazard. i4r. i-iite replied that, to the best of his hnowledge, okmer Don Bergh had dug into the slough for the puppose of providing fill for his lots; that the Village Building Inspector had contiicted Zr, Bergh requesting that the pond be made safe; that upon Hr. lioffman's complaint's being referred to the Council the matter was referred to the Village Attorney, who advised that this situation was in many ressects the same as that of other ponds in the Village, and that unless the Village was prepared to take the same action against other ponds it could not comsel Mr. 3ergh to fill the sond. ridiculous to ask him to take any action in this matter. allowed to have it if they want it." are two different things. 234 He added he has three cnildren ana lives I Xr. J. D. iievrell, 6434 LJarren Avenue, inquired as to the method of assessment He was 1.b. Hite replied that the depth is I iir. Don Bergh told Council he Owns two of the lots, 6512 and 6516 Barren Avenue, I4r. Olson asked for a review of tne disposition of tir, Hoffman's complaint of 2r. Bergh replied that because he did not awn a11 of the pond, it had been Mr. Oftel reiterated his belief that "the peo&e who own the pond should be Hrs. Amble told Council that a created hazard and one which is already there She asked that pond be filled. Rayor Brsdesen stated ne believes that the Councilts interest is limited to . . its deteriiiination as to whether or not to use the pond as a storm drainage basin. 1-ir. Thacker, 6520 darren Avenue, inquired whether the Village, if it relinquishes the pond for storm sewer, could make properby owners fence the aond. de was informed that, should the pond be considered a hazard, Tencing could be required. pond not be used as part 05 the Village Storm Sewer System, ilacXillan and camied without a dissenting vote. that owners of pond would be responsible for its development. I i4r. Thackep asked that pond be incorgorated into Storm Sewer System. lIotion seconded by . VanValkenburg moved that Council oversize the storm sewer 2ipe, and that the It was explained to audience ibiPg!JVE;$-Err CO3TIWCT AiIARDLD TO EIUI.(" E CARLSUiJ-, &JC. Public Yorks Director Hite presented Tabulation of Aids taken today, on ksglialt Concrete Paving, Portland Cement Concrete Paving, and PCC Curaing ,- for the- Public :Jerks Building Site at 5146 Eden Avenue. low bidder being i3ury E Carlson, Inc., at '$25,356.50; second-low, i4orthwest bituminous eo., Inc. at $27,058.00; and hign bid, Black To$ Service Co. at $28,114.00. Estimate was $27,410.70. and Tupa moved that bid be awarded to Bury E Carlson, Inc., in accordance with ik. Hite's recoinmendation, Dalen reported thaT Council must appropriate €rom the reserve account for this expenditure, and it was so ordered, by motion Tupa, seconded by Rixe and. carpied. iiATZR POLLUTIgiT C~liTjt~I~IlIISSIO?I HEARINGS AilltOUi\ICED. of the following Hearings to be conducted by the klater Pollution Control Commission: 1. Public Hearing on Report on Comprehensive Sewage rlorks Plan for the Uinneapolis-St. Paul iktropolitan Area--State Office Building, St, Paul, Xovember 4, 1o:oo k.;,i. Tabulation showed receipt of three bids, i4r. Hite recommended award to low bidder, iiotion seconded by Rixe and carried. Finance Director Council received Botices I 2. Public liearing on Classification of Zinnesota River and Tributaries from Carver Rapids to ilouth, Estaulishriient of Standards of Hater Quality and Purity Thereof and Adoption of Regulations Relating Thereto--State Office Building, St.Paul, October 19, 1O:OO A.11. hnager Hyde told Council Edina trill be pepuesented by staff; that an;t - interested Council member is invite4 to attend, 10/5/64 235 tiLkLidPii4 COUNTY GEiiERAL HOSPITAL BUDGET FOR 1965 RECEIVED : &4PIAGEK TO REPORT FUKTBER AT NUT iIZLTIdG. Budget for General Hospital, amount $8,996,248, was reviewed for llolyl Councilmanager liyde, who stated he will have additional information for Council ,/ at its next iaeet ing . I lit;GIOi?AL IEETIiJGS OF LEAGUE OF NIWIJESOTA IIUiJICIPALITIES AiWOUIJCED. reGorted to the Council on tne various League Rekional iieetings to be held throughout tile state this fall. Invitation was extended to Council to attend meeting to be hela in Robbinsdale tit Legion Post #251, 3600 France Ave., on October 15. llanager Iiyde L_^._._____' -b. IIIPfiOVEIIE~dT PETITIOiJS ACCEPTED., and, by inotion VanValkenburg, seconded by Rixe and carried, were referred to the Public \forks Oirector for programming: The following Irilljrovenient Petitions were subriiitted, 1. 2. Sanitary Sewer and ilaterriiain - Cahill Road Sanitary Sewer - Samuel Road from County Road #18 to Sally Lane. I ATTEiiD" SCHOOL, BOAm DIiSl?E;I, [IONDAY, OCTOEEF: 12 9, 6.:00, P.aiI..,, S&iJI?,R. JiIGri SCliOOL-,. FpCULTYu LOUiqGE Verbal invitation was extended to Council tb attena the above meeting, Council to receive written invitations this week. Ssveral iiierders said they would be pleased to accept. i<&LE'ii~SL- OF EXCtkVbiIOj4, PERiiIT FOR PORTIOii OF i?ELkOh FARII (iTOW EDLIA I~~RCl-i&kIG-Z~ dUT HEARLJG IyGQUIEi) FOR CKiiCCLLAYIOiJ OF AT-k AS request for release of that "Excavation Periiiitl' granted some years ago for a part of tne idalson Farm, insofar as such permit apglies to their pogerty irl Edina Interciiangc Canter , was reviewed. raiilove this property from tile designation "Temporary Excavation District" under' the povisions of Ordinance ilo. 2628 it will be necessary to have a Public rlearing;iand tiiis Pudic lkaring was scheduled for Monday, October 19, at 7:OO P.I.I., by motign. VanValkenburg, secondea by ZacXillan and carried. Public ,iorks Director iiite , informed Council that the Stow Company Bond for said Excavation Permit has been' released. it was then noted that the property could be formally released from 1 tais permit (which will mean that a new permit would nave to be obtained in order for any mining and excavation to be done on the property); and VanValkenburg then moved releasing "That part of the South 1.,859 feet of the Last 1/2 of the Southeast Quarter of Section 8, Township 116, Range 21, lying Easterly of the right-of-wai of tne dinneapolis , iiorthfield and Southern Railway, according to the United State$ Government Survey thereof, Hennepin County, ijlinnesotatf from permit dated July 29, 1361, filed August 31, 1961, and recorded in Book 895 of Misoellaneous Records ~ Page 64, Office of Register of Deeds, Hennepin County. Motion seconded by ~ daci4illan and carried, ! Village Attorney iiasselquist infornied Council tilat in order to ELECTIOiJ OFFICIALS APPOIBTED FOR iSOVENdER 3, 1964- GmERBL-VILLAGE 6LECTIOi.I.. Clerk pre-Roster of Election Officials was presented by Clerk, with the explanstion that it is incomplete. VanValkenburg's motion,that Council appoint tile following geople as Election Judges for the November 3rd Election, with authority to the Clerk to ni&e such additional appointments and replacements as are necessary to staff the 2011s ,was seconded by MacHillan and carried: PRECIdCT 140. 1 - dooddale Scnool - idmes. i4arjorie Rossiter, Chairman; Marjorie HcCall, ijower Hawthorne, Carl G. Swendseen , Barbara Cox, Katherine h. Laiser, J'bann Viken and John Kitchie. - Village Hall. - idmes . iJellie Strate, Chairman ; Dorothea Ober- meyer?, Erma doyt , aetty I-Iess, Doris Hartshorn, Barbara Wehr , Helen PI. Hall, Frarices P-MCIjIcT- Sonnenberg, 14arian Bailey, Mary P. Holstein and Lila Hansen. Piutn 11. Zipoy and kluriel J, Buell. I I PECILJCT, NO. 3 - Southview Junior High School - Ilmes. Audrey berglund, Chairman; Ruth mk , Sylmoheyde , Susan Ledin, detty Trip2, Erick Bentzen, IjIarcia Parkdr PPdCIdCT i?O. 4 - Concord Elementary School - Mmes. Eunice Carlson and Yvonqe Ford, Co-Chairmen j hies. Gertrude Perlich , Lloyd L. Porter , Ursula Bezoier , Lillian I. West, \I. ilonnweiler , Virginia Dash, Alameda Kenerson and Josie Korthof. dary Cuttke , 3sd iiasselquist , ifary Ryan D. Lyons and Anna Taggatz. Ifairy fi. Gould, Anna J. :Jilliams, Gyrtle i4yhr and Vern Clauson. Xyrtle Aiichli, Adele L. Stewart, Archie Stone, Lois F. !<ilgore, Beatrice Pegmaq, Joyce Eadquist , Allen Juhl. and Lo P.S,FJ+dc;I'- $O., 8 - Cornelia Elementary School - hies. Xuriel Tiloinsen, Cllairman; Gmce Fei,yri, Ada 5. Zichhorn, Adzle Olson, iiavis Storrey, June V.Dr.eher, Ifarry F. Ricriards , Kuth C. Joilnson, Catherine fiovar and i-lary A. Treat, P&€CJdC-Y. ,6U. 5 - Cahill Elementary School - Limes. Lillie Xesler, Chairman; Gladys Cameron, Geneva E. Smith, lkirion - Shepherd of Hills Church - ilmes. Dorrbtiiy Richardson, Chairman; P,RCsIdCT. do. 7 - Edina Highlands Gchool - Hmes, Alice E. NcFadzean, Chairman; 236 10/5 /64 OiJE iEy[ EOUsd TO BE Pj3GiITTED OX PROPERTY PROPOSED TO fiL PLATTED AS '112DI&i&All LAG- VIGiJ] &?DITIPlJ" Pj?JlVIDIiJG PROPERTY i-IEETS PEIICOLATIOi? TEST MD PRWiDI{JG P\RfF,R- AGFGES i$OT TO SELL OTI-IER TJO, L.OTS UIJTJL SAiJITUY SE,iER IS PROVIDSD. -Gustafson, owner of a tract just southwesterly of Cheyenne Circle, and north of Valley View Road--for which he has submitted a four-lot Prelininary Plat--wishes to build one new house on the property, to be occupied by his om fariil37. tract. construc-tion of Sanitarjr Sewer to serve the four lots. That construction would in no case be permitted until soil met the requirements of tile 3ercolation test. i4ayor Bredesen inquired of Hr. Hyde as to whether Iir. Gustafson will agree not to sell the other two lots in the proposed plat until the sewer is in, providing this permit is issued, and i.k. Hyde replied he feels sure Kr. Gustafson will so agree. Tupa then moved that permit be granted for construction of one new house on the tract, providing soil meets requirements of percolation test and providing owner agrees not to sell other lots until such time as sewer is constructed to serve these lots. and carried. ilanager hyde It kras noted that there is already an old farmhouse on the Council had acted August 17 to approve Preliminary Plat subject to actual ibnager Hyde told Council I Ilotion seconded by I4aci.lillan PROPOSED REZONIBG OF TRISLER PFOPERTY , i.I.54Ti-i STREET AND FWICE relative to the petition for gasoline service station on the Trisler Property at Copies of the Legal Opinion dated September 22,1964,. were given to Council for review. TiREASURER'S REPORT, AlJD LIQUOR FUi?D STATZt-lCiJTS AS OF, ,AUGUST 31, 1964 reviewed and ordered placed on file. CLAII.3S PAID. hated October 5, was seconded by Kixe and carried: General Fund, $17,621.59; Construction Fund, $922.25; Park, Park Construction, Swim Pool and Golf Course Fund, $4,595.97; Haterworks Fund, $480.99; Liquor Fund, $18,206.00; Sewer Rental Fund, $210.22; and Poor Fund, $410.43--TOTAL, $42,447.45. ' FOUAL &CT$p;J- &JT@?IZES SALE OF $1,200,000 TECiPORARY It-SIPItOVEi4EiJT BOilllS. -inary discussion had been had at the last regular meeting, concerning sale of bonds to finance certain improvements, and Finance Director Dalen now suggested foraal action 3y Council. adopt ion : were submitted, Tupa's motion, for payment of thB following Claims as ijer Pre-List Bone Tupa intraduced the following resolution and moved its RESOLUTIOi? AUTWORLiLG THE ' ISSUANCE SALE &ID DELIVERY OF . A 090 TE4POK&3Y I HPROVE;.IEi?T BOHDS dE IT RLSOLVLi) by the Council of the Village of Edina, Xnnesota, as 1. It is hereby found, determined and declared that the Village has follows : heretofore orderaa, in accordance with the provisions of Uinnesota S-catutes , Chapter 429, and after public hearing as required by law, the construction of various improvements as more fully described below, and has duly orderad , received and qpoved plans and specifications an& entered into contracts for tile construction of said iraprovelrAents after groper advertisement for bids ; tnat the total benefits resulting from each of said im~rovei~ents to the amperties within tiie area jqososed to be assessed. therefor, as heretofore defined, will be not less than tlie cost of such irqrovements; that it is contemplatea that the total amount of said cost, less such sum, if any, not exceeaing 808 of such cost, as the Council snall determine should be paid uy tiie Village, will be assessed against those lots and tracts specially benefited by said improvements ; that tne Village now owns ease- ments and rights-of-way construction os' said impxwenents; and that the designation of each of said inprove- rnents and the cost thereof, as presently estiirlated, are as follows: over all streets and other properties required for the Sanitary Sewers : ESTIi4ATED TOTAL COST Sanitary Sewer Improvement No. 208 8 5,789,56 Sanitary Sewer Improvement No. 209 '8,151.37 Sanitary Sewer Improvement 110. 210 292,783.57 Sanitary Sewer Improvement No. 211 42,345.51 Sanitary Sewer Improvement 1?0. 213 24,736.14 Sanitary Sewer Improvement Bo. 212 5,422023 Sanitary Sewer Imnpovement No, 214 4,004.22 Sanitary Sewer Improvement No, 215 . 4,013 08 Sanitary Sewer Improvement iJo , 216 Sanitary Sewer Im$rovement No. 217 Sanitary Sewer Improvement iJo , 220 Sanitary Sewer Improvement do. 222 5,723.86 128,762.15 10,630.02 44,987.89 Sanitary Sewer Improvement klo. 219 Sanitary Seker Inpoverilent iTo. 221 67,150 34 8,844.40 $ 653,334.34 10/5/64 Storm Sewers: Stoorm Sewer Improvement No, 72 Storm Sewer Improvement No. 79 Storm Sewer Improvement No. 80 Storm Sewer Improvement No, 82 Storm Sewer Improvement No. 83 Watermains : llatermain Improvement No. 177 Watermain Improvement No b 178 Watermain Improvement No. 179 Watermain Improvement No . 180 Wat ermain Improvement No . 18 1 Watermain Improvement No. 182 Watermain Improvement No. 183 'Watermain Improvement No . 184 Wat emnain Impcovement No 6 18 5 Watermain Improvement No. 186 Watermain Improvement No, 187 Watermain Improvement No, 188 L Street Improvements : Street Improvement No b . Street Improvement No. Street Improvement No. Street Improvement No. Street Improvement No . Street Improvement Nb'. Street Improvement No. Street Improvement No; Street Improvement No. Street Improvement No. Street Improvement No. Street Improvement No , Street Improvement No , Street Improvement Ha. A-156 A-15 7 B- 76 BA-57 BA-58 BA- 5 9 BA-60 BA-61 BA-62 BA- 6 3 BA-64 B- 75 C- 85 C- 87 $ <7,l71*33 1,067012 13,226 6 03 l9,821r 78 3,152 e 14 $ 7,639.37 65 b3I.l. 59 1728477.84 9,849 0 9 8 15,863639 17,650 77 8,521.05 8,444 94 19,6758 85 36,064618 2 783 a 76 11,037.84 $ 44,438.40 $ 375,320.56 $331,341643 12,734 26 1,480 95 8,418 8 50 $ 153,975.14 $1,227,078,44 2, It is necessary at this time for the Village to borrow the sum of $1,200,000 to pay costs incurred and to be incurred in the near future with reference I to the improvements described in paragraph 1 hereof, by the issuance of temporary improvement bonds pursuant to and in accordance with the provisions of Section 429.091, subdivision 3, Minnesota Statutes 1961, and the resolution adopted by the Council on December 30, 1957, entitled "Resolution Establishing Temporary Improvement Fund and Authorizing the Issuance of Temporary Improvement Bonds," and it is deemedto be in the .best interest of the Village that saidbonds be issued and sold publicly in accordance with the sale notice as hereinafter set forth in Par-aph 3, and the Clerk shall cause notice of such sale to be published in the official newspaper and in the Commercial West, porated in the Temporary Improvement Fund and the proceeds of said bonds credited to said Fund and expended and accounted for as prescribed in said resolution, and said bonds shall be secured and the principal thereof and interest thereon shall be paid in accordance with the provisions of said resolution, The fund of each of said improvements shall be incor- 3, Said sale notice shall be substantailly in the following form: 1 NOTICE OF SALE $1,200,000 GENERAL OBLIGATION TEivIPORARY IFIPROVEPIENT BONDS VILLAGE OF EDINA, MINNESOTA NOTICE IS HEREBY GIVEN that the Village Council of the Village of Edina, Hennepin County, Minnesota, will meet at the Village Hall in said Village on November 16, 1964, at 7:OO o'clock P.M., to open, receive and consider sealed bids for and award the sale of $1,200,000 negotiable general obligation Temporary Improvement Bonds of said Village, to be issued under authority of Chapters 429 and 475, Minnesota Stat.utes. The bonds will be dated December 1, 1964, in the denomination of $5,000 each, or some multiple thereof, as selected by the purchaser, and will bear interest at the rate designated by the successful bidder, subject to the limitations stated below, payable on June L, 1965, and semi-annually thereafter on each December 1 and June 1 to maturity. December 1, 1966, without option of prior payment. date, the Village will issue definitive improvement bonds, the proceeds shall be used as necessary to pay said Temporary Improvement Bonds. interest will be made payable at any suitable bank located in Minneapolis or St. Paul, All the bonds will mature in order of serial numbers on ' Prior to or on said maturity which Principal and 3 10/5/64 Minnesota, designated by the successful bidder within 48 hours after award of sale, subject to approval by the Village Council, and the Village will pay the reasonable and customary paying agency charges, without cost to the purchaser and within seven days after award of sale, the mimeographed and executed bonds, the unqualified approving legal opinion of ' l4essrs. Dorsey , Owen, Narquart , Vindhorst E West, of Minneapoxs a IiIinnesota , and the usual form of no-litigation certificate' Delivery will be made without cost to the purchaser in Minneapolis or St. Paul, I4innesota; delivery elsewhere will be at the purchaser's expense, Sealed bids marked ''Bids for $3,200,000 Bonds" may be mailed or delivered to the undersigned and must be received prior*to the time of said meeting. Oral auction bids will not be considered, Each bid must be unconditional except as to legality, in which respect bids may be conditioned upon the opinion of the above attorneys, and must be accompanied by a cashier's or certified check or bank draft in the amount of $24,000 , payable to the Village Treasumr, to be retained by the Village as liquidated damages if the bid is accepted and the bidder fails to comply therewith. same basic rate of interest from date of issue tomaturity, but an additional rate or interest, represented by ItBr1 coupons, may be specified for all of the bonds for all or any part of their term. exceed $12,000. an integral multiple of 1/4 or 1/10 or 1/8 of 18, and may not exceed 6% per annum. The bid authorizing the lowest net interest cost (2otal interest from date of issue to December 1, 1966, less any premium) will be deemed the most favorable. No bid of less than par and accrued interest w511be considered, and the Council reserves the right to reject any and all bids, and to waive any informality in any bid. The Village will furnish, All-bonds must bear the Such additional interest may not The rate or rates applicable to any bond must be expressed in Dated October 5, 1964, Motion for adoption of the foregoing Resolution was duly seconded by Member Rixe, and upon vote being taken thereon, the following voted in favor thereof: I-IacHillan, Rixe, Tupa, VanValkenburg and against the seme: No nay votes, passed and adopted, Mayor The agenda' s having been covered MacMillan moved for adjournment. Motion seconded by Tupa and carried, Adjournment at 8:lO P,bL *e4 '* COUNCIL AUTHORIZES C0IW;CTION OF MINUTES TO INCLUDE RESOLUTION PROVIDING FOR SPECIAL ASSESSI4EMT HEARING FOR TZE, TRIhINING IIPROVEMENT NO. T-4 AND STFEET OILING FOR 1964, At its Special Meeting of Jay 7, 1965, the Council authorized the inclusion OP the following Resolution which was erroneously omitted from the initial Minutes of the meeting: . RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARINGS FOR TREE TRIMMING II4PROVEIGNT NO, T-4 AND STREET OILING FOR 1964 BE IT RESOLVED by the Council of the Village of Edina as follows: 1, The Clerk and Engineer having calculated the proper. arliounts to be assessed for the improvements set forth in the Notices of Hearing forms hereinafter recorded, and the amounts proposed to be assessed against the respective lots, pieces and parcels of land within the districts affected by said improvements, and said proposed assessments having been filed with. the Clerk, the same are hereby approved; and the Clerk shall keep the same on file in her office and open to public inspection pending hearings thereon as herein ppovided. forms hereinafter contained, to pass,upon said proposed assessments; and the Clerk is hereby authorized and directed to publish said notices of said hearings in the official newspaper in accordance with law; said notices to be in substantially the following form: 2, This Council shall meet at the time and place specified in.the Notices of Hearing (1) I'IOTICE OF ASSESSMENT HEARING ON TEE TRIMMING IMPROVEMENT NO. T-4 EDINA VILLAGE COUNCIL will meet at the Edina Village Ha31 on Monday, November 2, 1964 at 7:OO o'clock P.bI,, to hear and pass upon all objections , if any, to the proposed assessment for the following improvement, This assessment is now on file in the office of the Village Clerk and open to public inspection. TEE TRIMMING IMPROVEMENT NO. T-4 The trimming and priming of boulevard trees on the following properties; 4707 tileadow Road 4713 Townes Road 4716 Townes Road 2 Bridge Lane 4 Bridge Lane 5 Bridge Lane 6 Bridge Lane 7 Bridge Lane 8 Bridge Lane 9 Bridge Lane Assessments for the above improvement will be payable in one year and will appear The owner of any property assessed for the above improvement may pay the whole of on the 1964 tax statement payable in 1965, with interest at 5%. the assessment without interest to the Village Treasurer on or before December 15, 1964, or make payment with accrued interest to the County Treasurer. BY ORDER OF THE VILLAGE COUNCIL, Gretchen S. Alden Village Clerk (2) NOTICE OF ASSESSMENT HEARING ON STREET OILING FOR 1964 EDINA VILLAGE COUHCIL will meet at the Edina Village Hall on Monday, November 2, 1964, irt 7:OO o'clock P.M., to hear and pass upon all objections, if any, to the proposed assessment for the following improvement. This assessment is now on file in the office of the Village Clerk and open to public inspection, STREET OILING FOR 1964 ' lots and tracts of land abutting the following streets: The area proposed to be assessed for the cost of this improvement includes all Alley between York Avenue and Xerxes Avenue and Between West 59th Street and Alleysbetween William Avenue and Bedford Avenue and Between West 51st Street and Beard Place from Beard Avenue to West 62nd Street Benton Avenue from East View Drive to Tingdale Avenue Brookview Avenue from West 58th Street to West 59th Street and West 59th Street from Brookview Avenue to 93 feet more or less West Code Avenue from Benton Avenue to Grove Street Division Street from Brookside Avenue to Rutledge Avenue Division Street from Oxford Avenue to Vandervork Avenue Glasgow Drive from West 77th Street to West 78th Street Grove Street from Code Avenue to Code Avenue Grove Street from Code Avenue to 133 feet more or less West Hankerson Avenue from West 52nd Street to Interlachen BLvd. Jeffrey Lane from Blake Road to Kaymar Drive Kaymar Drive from Blake Road to Eden Prairie Road Lee Valley Circle Porter Lane from Birchcrest Drive to Code Avenue St. Johns Avenue from Valley View Road to West 60th Street Sally.-Lane (All) Samuel Road from County Road No. 18 to Sally Lane Sioux Trail from Sally Lane to County Road No, 18 Tingdale Avenue from West 63rd Street to West 64th Street Walnut Drive'from Highway No. 169 to approximately West 59th Street Warden*Avenue from Tracy Avenue to Turn-around at Hawkes Lake West Trail from County Road No. 18 to Iroquois Trail Wil-Lyan Avenue from West 63rd Street to West 66th Street West 51st Street from Hankerson Avenue to Oxford Avenue West 56th Street from Dale Avenue to Hansen Road West 62nd Street from Ryan Avenue to 87 feet more or less West West 63rd Street from Wilryan Avenue to Warden Avenue West 64th Street from Normandale Road to Holborn Street West 65th Street from Wilryan Avenue to Tingdale Avenue Assessments for the above improvement will be payable in one year with the taxes for West 60th Street Interlachen Blvd. the year 1964 collectible in 1965 with interest on the entire assessment at the rate of 5% per annum. 2385 10/5/64 The owner of qy property assessed for the above improvement may pay the whole .of the assessment without interest to the Village Treasurer on or before December 35, 1964, or make payment with accrued interest to the County Treasurer. BY ORDER OF THE VILLAGE COUNCIL. Gretchen Sa Alden Village Clerk * The above Resolution was offered by MacMilla all voted aye and the Resolution’was unanimo ATTEST : t.Iayor J’ 4 wge Clerk . following Resolution which was erroneously omitted from the initial‘ Minutes of the . * *. meeting. VanValkenburg offered the following Msolution and moved its adoption: RESOLUTION APPROVING PLANS AHD SPECIFICATIONS FOR , STORN SEWER 1MPROVEI.IENT NO, 84 AND DIRECTING ADVERTISEMENT FOR BIDS BE IT ESOLVED by the Village Council of the Village of Edina: I. The plans and specifications forthe proposed Storm Sewer 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 shall cause to be published three times in the Edina-Norningside - Courier and the Construction Bulletin, said publication to be not later than three . weeks before the last date for submission of bids, the following noticefor bids for said improvement: .. ADVERTISEI.IENT FOR BIDS STORM SEWER SEALED BIDS will be received and opened in the Council Chambers in the Edina Village Hall, 4801 W. 50th St., at 1l:OO A.MI, Friday, October 30, 1964, and the + Edina Village Council will meet at 7:OO P.M. on Monday, November 2, 1964, to consider said bids being for the following: ’ t CONSTRUCTION OF VILLAGE STORM SEWER AND APPURTENANCES IN THE FOLMWING: .. 11. 66th Street from a point 180 feet east of Naomi Drive to Naomi Drive; thence Nklly to a point in Lot 1, Block 20, Normandale 2nd Addn,, said point being 25 feet east of the west line .of said Lot and 10 feet north’ of the south line of said Lot 1, Block 20, Normandale 2nd Addn.; thence NWly to 10 feet south of the center line of \I. 65th St . and VarrenAve. ; thence Vly parallel to and I 10 feet south of the center line of I./, 65th St, a distance of 211 feet; thence SWly to a point on Ridge View Drive, said point being 10 feet 11. of the center line of Ridge View Rd, and 525 feet \I. of the center line of Warren Ave. j thence SEly parallel to and 30 feet W. of the center line of Ridge View Drive a distance of 55 feet; thence Stlly to a point on the ’vl, right-of-way line of Minneapolis, Northfield and Southern Railroad, said point being 300 feet north of the center line of I.I. 66th St, extended; thence SNly to the intersection of proposed Lifnerick Lane and Creek Drive; thence Wly parallel to and 10 feet south of the center line of Creek Drive a distance of 30 feet; thence SdLy to Nine Hile Creek; and beginning at a point 10 feet south of the center line of W. 66th St. and 180 feet east of the center line of Maomi Dr, ; thence Sly along the E, lot lines of Lots 1 and 2, Block L, in Brookview Heights 1st Addn, for? 140 feet more or less; and in Ridge View Drive from W, 64th St. to 780 feet south Work must be done as described in plans and specifications on file in the office ofthe Village Clerk. Plans and specifications are available for a deposit I ‘ of $10.00 (by check), which deposit will be refunded upon return of said plans and specifications. cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten (10) per cent of amount of base bid. the right to reject any or all bids. .I * .. *> *. , % ,. I No bids will be considered unless sealed and accompanied by The Council reserves BY ORDER OF THE EDINA VILLAGE COUNCIL* Gretchen S. Alden Motion for adoption of the Resolution was were five ayes and no nays and the **