Loading...
HomeMy WebLinkAbout19641026_edina_village_council10/26/64 MINUTES OF THE MEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, OCTOBER 26, 1964, 1 AT 7:OO P.M., EDINA VILLAGE HALL. Members answering Rollc,qll were MacArlillan, Rixe, Tgpa, VanValkenburg and Bredesen. MINUTES. for the scheduled Meeting of October 19, 1964, which was postponed until tonight seconded by Tupa and carried. .because of the death of Mrs. Alden, were.approved as read, by motion VanValkenburg, COUNCIL CONTINUES HEARINE R. H. Peterson's Petition for Rezoning from R-4 Multiple Residence to R-5 Multiple Residence District: and for yard and density variances; for construction of 12-story apartment building on Lots 3 and 4, Cassin's Replat (6308-6340 York Avenue South) was continued to November 2, 1964.. COUNC 1-S - S IF IE S PROPERTIES FRO, LAL DISWERCIALL C-2, COMMERCIAL DISTRICG Affidavits of Publication in the Edina-Morningside Courier October 8 and October 15, 1264, which Affidavits were approved as to form and ordered placed on file. Mre Hite reported that on July 6, 1964, the Council adopted Ordinance 261-88, intended to regulate all retail and commercial areas. The adoption of this requires a reclassification of all existing retail and commercial areas, . . assigning each area to one of the four districts included in Ordinance 261-88. Areas previously zoned as Community Store, Regional Shopping and Commercial should be zoned as C-1, C-2, C-3, C-4, Planned Commercial, Office, or Light Industrial. Ilk. Hite explained that the reclassification of property would not change the permissive uses under the present zoning. in the status of parties or subsequent parties because of the reclassification, explained that further Council action on a rezoning hearing would be necessary to change such status. Mayor Bredesen reported that under the new classification, the parties would have the same right to convey title and the restrictions would be the same on the transfer. the same as "Light Industrial" in the new classification. the "Grandview" area, properties currently zoned as "Commercial" which should be reclassified as "Light Industrial" were described.. Other properties in the area were shown as being reclassified from "Community Store" to C-4 and C-2, The 70th and Cahill area was then described, where the Bell Telephone Garage and the Northern States Power Company property are currently zoned as "Commercial," and should be reclassified to "Light Industrial.'! The 50th Street and France Avenue area was next considered, where changes are necessary from '%ommunity Store" to C-2 and C-4, A similar presentation was made by Air, Hite concerning all other locations specifically described in the following Ordinance No. 261.99. Nr. and Mrs. Neal Swant, oyners of property at Valley View and IVooddale, and Ah. Emma Tedman, objected to re-classification of their property to C-1. It was explained to them that in order for a gasoline filling station to be allowed on their property, further action by the Council would be necessary even if no re-classification were undertaken, business of automobile repair as a non-conforming usage. Company had requested a clarification with reference to the reclassification as applied to their property and that the Village Attorney had written a clarification. Mro Victor Johnson, representing Employers Mutual Insurance Company, which ovms properky near 66th and France, requested a clarification as to the re-classification proposed on that property, in that vicinity, except the vacant parcel fronting on France, Valley View Road, and West 66th Street, has been developed and used for office building, that the classification was to be changed from "Regional Shopping" to "Off ice Building," at West 66th Street and Xerxes Avenue. of which his clients own, was not shown. order was controlling on this particular parcel and that its provisions did not coincide with any of the districts in the zoning ordinance. &Ire Daubney questioned the application of the setback requirements of the C-3 classification to the property north of West 66th Street, pointing out that the existing "Community Store" district requires no setbacks, and that the District Court ' ruling provided for "Community Store" zoning €or this property. this.is contrary to the order of the court and that while we understand that this is a zoning classification and isn't directed toward this particular piece of property, nonetheless, particularly in light of the location of the property and the problems that exist relative to access and egress, an extremely adverse affect is created. wish to go on record as opposing the change from "Community Store" to C-3, primarily REGIONAL SHOPPING Jvlr, VanValkenburg questioned whether there would be a change Mr- Hite 8- Mr, Hite explained that under the old classific&tion, "Commercial" zoning was With the aid of a map of I . Mr. Hite advised that hir, Sviant could continue his present garage in discussing the Southdale area, Ab. Hite pointed out that the Dayton Development Ak, Hite explained that inasmuch as all of the property Mro John Daubney appeared as attorney for the Misses Pearce, who own property Mr, Hite explained that the District Court I He pointed out that the triangle, a portion . He stated, We feel We 10/26/64 i because of the setback requirements," feels the court order directed it to allow the uses provided by present "Community . Store" zoning, but that the matter of setbacks was not included and that a further clarification may be needed from the court on this point. m6 Hyde pointed out that when a specific proposal is present for the property, consideration would be given by the Planning Commission to reasonable setbacks, Cahill and was advised that this was not affected by the present hearing. following Ordinance, moving that Council dispense with second reading thereof and adopt as submitted: Mayor Bredesen stated that the Village Mr, Robert Rutledge inquired as to the status of property at 70th Street and There being no further parties to be heard, Mr. VanValkenburg then offered the ORDINANCE NO. 261-99 AN ORDIMANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF EDINA BY RECLASSIFYING THE PROPERTIES IN COMMUNITY STORE DISTRICTS AND REGIONAL SHOPPING DISTRICTS AS PROPERTIES IN COMMERCIAL DISTRICTS C-1, C-2, C-3, C-4, FC-3 OR OFFICE DISTRICTS : BY ADDING TO PARAGRAPH 3, SECTION 11 , ORDINANCE 261, AND BY ADDING TO PARAGRAPH 1, SECTION 10, ORDINANCE 261 , THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Paragraph 3, Boundaries of Commercial District, of Section 11, Commercial 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: kb 33 "(a) District C-1 m 1, Vicinity of 70th and France, * Lot l,.Block 1, Stow's Edgemoor Addition including vacated portion of Mayvelle Drive. Vicinity of Valley. View and Wooddale, e l-4 2. , Lots 10 through 13, Block 21, Fairfax Addition, Lots 13 and 14, Block 22, Fairfax Addition, 36 Lot 11, Block 1, Valley View Terrace I11 Addition except the following parcel: A point beginning at the Southeast corner 0.f Lot 11; thence running 100 feet West; thence North 100 feet parallel to the East line of Lot 11; thence ;to a point on the East line of Lot 11 distant 100 feet North to Southeast corner; thence South along East line to point of beginning. 46 Parcel 1700 West 100 feet of that part of Southeast 1/4 lying-South of East 100 feet of West 200 feet of that part of Sobtheast 1/4 Commencing at a point in South line of Southeast 1/4 distant 200 feet Valley View Road except street, Sece 19, Twp. 28, Re240 5. Parcel 1900 lying South of Val1ey.View Road, East from Southwest corner thereof; thence East 125 feet and 5/10; thence North to center line of road; thence NDrthvJesterly along said cenker line toea point 200 feet East at right angles-from West line of Southeast 1/4; thence South to beginning except road, Sec. 19, TWP. 28, Re%,. Commencing at a point in South line of Southeast 1/4 distant Sec, 19, Twp. 28, R, 24. 6, Parcel 1612 7, Parcel 1603 325 5/10 feet East from Southwest corner thereof; thence East 125 feet; thence North 46 feet to center line of road; thence Northwesterly along said center kine to a point 325 5/10 feet East at right angles from West line thereof; thence South to beginning except road, Sec, 19, TWp. 28, Re246 8. Parcel 1500 Commencing on South line of Southeast 1/4 at a point 450 5/10 feet East from Southwest corner thereof; thence East 99 5/10 feet to center line of road; thence Northwesterly LOO feet along said center line; thence Southerly 46 feet more or less to beginning except road, Seco 19, Twp, 28, Ro240 Beginning at the Southeast corner of the Southeast 1/4 of the Southwest 1/4 of Section 19, Township 28 North, Range 24 West of the 4th Principal Meridian, thence West along the South line thereof 400.0 feet; thence North and parallel to the East line of said Southeast 1/4 of the Southwest 1/4, 411.0 feet, more or less, to the center line of Valley View Road, as traveled; thence Southeasterly along the center line of Valley View Road 422.0 feet, more or less, to the East line of said Southeast 1/4 of the Southwest 1/45 thence South 282,O feet, more or less, to the place of beginning. Except th 9. Parcel 740 . 10/26/64 i' that part described as follows: corner of Lot 6, Block 1, "Valley View Slope", Hennepin County, Minnesota; thence Northerly along the Easterly line of said Lot 6 to a point 120 feet Southwesterly of the Southerly line of Valley View Road measured at right angles to said Southerly line of Valley View Road; thence Southeasterly parallel to and 120 feet Southwesterly of the Southerly line of Valley View Road IXI a point on a line drawn parallel with and 50 feet Easterly of the East line of said. Lot 6; thence Southerly along said parallel line to a point which is 190 feet Southwesterly of the Southerly line of Valley View Road measured at right angles to 6aid Southerly line of Valley View Road.; thence Southeasterly parallel to and 190 feet Southwesterly of the Southerly line of Valley View Road to a point which is 120 feet Westerly of the Westerly line, of Wooddale Avenue measured at right angles to the Westerly line of Wooddale Avenue; thence EasterLy parallel to the North line of Lot 1, *'Miller's Addition'' to the intersection with the Westerly line of Wooddale Avenue; thence South along the Westerly line of Wooddale Avenue to t-he Northeast corner of Lot 1, "Miller's Addition"; thence West along the North line of said Lot 1, "Miller's Addition" to the point of commencement, the right of way of Wooddale Avenue over the East 30 feet thereof, and subject to the right of way of Valley View Road as now layed out and constructed, Vicinity of 54th and France Avenue. Block 4, Ivandale Park neak Lake Harriet. Commencing at the Southeast I Su5ject to 10. North 125 feet of Lots 6, 7, 8, and the East 5 feet of Lot 5,. 11, The \'Jest 20 feet of Parcel 2110, "(b) District. C-2 - Lot 2, Block 1, Edenmoor Addition. 1. 20 3. - 4, 5. Lots I, 2, 3, 12, Block 1, Grandview Plateau, South 25 feet of Lot 14, all of Lots 15, 16, 17, 18, 19, 20, Block 1, Brookside Heights. The West 40 feet of Lot 29 and Lot 30, Block 3, Grandview Heights, Lots 3 and 4, 12 through 17, Block 7, Tingdale Brothers Brookside Addition, Lots 1 through 7, Block 8, Tingdale Brothers Brookside Addit-ion. Lot 1 through 6, 11 through 27, Block 3, Grandview Heights. Lots 13 through 20, Block 4, Grandview Heights, Lot.3, Block-1, Enroth's First Addition c viv 10. 11, Lots 34, 35, 36, 33, 30, 28, 29, 24, 25, 26, 27, 47, Aud. 12, 13. 14. Block 1, Lot 8, Lund Kruse Addition.. 15. Lot 1, Replat of Lot 6, Block 1, Lund Kruse Addition, South 177.5 feet of Lots 31 and 32, Aud. Sub. 172. Subd. 172. North 175 feet Lots 43, 44, 45, Aud. Subd. 172. West 150.38 feet Lots 45, 49, Aud. Subd. 172, "(c) District C-3 1. Outlot 2, Southdale Office Park Addition, 2, That part of the .Southeast 1/4 of Sec. 30, Twp, 28 North, R, 24 West, Hennepin County, Minnesota, lying East of the following described line: said Southeast 1/4 distant 581.45 feet West of the Northeast corner of said Southeast 1/45 thence running South 7 degrees 42 minutes Vest a distance of 1459.88 feet; thence running South 42 degrees 33 minutes 42 seconds East a distance of 503.33 feet; thence running South 25 degrees 42 minutes West a distance of 915.26 feet more or less io a point in the South line of said Southeast 1/4 which point is distant 833.5 feet West of the Southeast corner of said Southeast 1/4. For the purpose of this description the East line of said Southeast 1/4 Sec. 30 is assumed to be a due North and South line except the North 150 feet of the South 190 feet by the West 150 feet of the East 215 feet of the Southeast corner of Southeas't 1/4 of Sec. 30, Twp. 28, R. 24.' 'Beginning at a point in the North line of 10/26/64 3, R.L,S, %20 - Tracts L, M, F, R. 4, Lot 1, Block 1, Southdale Plaza Addition, Lot 1, Block 2, Southdale Plaza Addition, ~ ' Outlots 1, 2, 3, Sou$hdale Plaza Addition, That part of the South 665 feet of Cassin's Outlot 5 lying westerly of Xerxes Avenue, Addition and northerly of Yprk Avenue extended, 5. R,L,S, #432 - Tracts P, Q. 60 "(d) District C-4 -Area + 1, Lot 2, Block 1, Enroth's First Addition, 2, 3. 5. 60 7, Lot 3; Block 1, Edenmoor Addition. Lots 6 through 10, Block 4, Grandview Heights. Lots 29, 30 except West 40 feet and all of LTts 31 and 32, Block 3, Grandview Heights. Lot 50, Auditor's. Subdivision #176. That part of Government Lot 7 lying Northyesierly of old Eden Prairie Road. line described as follows: Commencing at a point in Easterly line of U.S, Highway 169 a distance of 318,62 feet. from the North line of.Government Lo-t 7; thence East at right angles 53 feet; thence at an angle to the right of 28 degrees 29 minutes in Section 28-1L7-21. .' f -4- Lots 14 and 15, Block 4, Grandview Heights. - Easterly of U,S, Highway 169 and Southerly of a Southwesterly t 20, All Lots 21, 22 and North 705 feet .cot 23, Aud, Sub, 172, North 100 feet Lot 42, Aud. Subdo 172. East 96 feet Lot 1, Block 1, Steven's First Addition, 9, 10, 8 11. RoLoSo #194. V-enue and Iviavellem Uinitv of V-d Wooddale 12. R,L,S. #%77, Tract A. 130 Lots 11 and 12, Block 22, Fairfax Addition, 140 Lots 8 and 9, Block 21, Fairfax Addition, 150 104 foot square parcel in the Southeast corner of Lot 11, Block 1, Valley View Terrace I11 Addition described as follows: at the Southeast corner of Lot 11, Valley View Terrace I11 Addition; thence West 100 feet; thence North 100 feet parallel . to the East line of Lot 11; thence to a point on the East line of Lot 11 distant 100 feet North on Southeast corner; thence South along East line to point of beginning. The North 150 feet of the South 190 feet' by <he West 150 feet of the East 215 feet of the Southeast Corner of the Southeast Quarter of Sec, 30, Twp. 28, R. 24, Beginning -. 16. R.L,S, #&29 - Tract Bo 170 2 18, R.L,S, #lo50 - Tract Do, Vm of 19, That part of Auditor's Subdivision #196, Lot 2, described as follows : thence in a Northeasterly direction following the Northeasterly property line of Lot 2 a distance 300 feet; thence deflecting at an angle of North 63 degrees 25 minutes North a-distance 150 feet; thence deflecting at an angle South 20 degrees 3 minutes West a distance of 150 feet; thence deflecting at an angle North 69 degrees 30 minutes West a distance of 110 feet to a point on the West line of Lot 2, 150 feet North of the Southwest corner; thence South along said West line t,o the Southwest corner; thenoe to the point of beginning. Part of Lot 18, Block 1, South Harriet Park I1 Addition, Commencing at the Southeast corner; thence running West along South line of Lot 18 distant 125 feet; thence North at a right angle distant 125 feet; thence parallel to South line of Lot 18, East 125 feet to East.line;?thence South 125 feet to point of beginning, That part of parcel 2110 described as follows: point 33 feet North and 30 feet South of the Northeast corner of Sec, 19, Twp. 28, R,24; thence West parallel to North line said net distance of 125 feet; thence South at a right angle 125 feet; thence East 125 feet to a point 33 feet West and 155.feet.south of Northeast corner Sec, 19, TYJP, 28, Ro 24; thence North 125 feet to point of beginning. Beginning at the Southeast corner Lot 2, Auditor's Subd. 8196; VI! Fr a: 20, 21, Beginning at a 10/26/64 ... ”(e) District FC-3 SouthdaLe*Area 1, R;L,S. #629 - Tract E, 2, R,L.S, #432 - Tract B. “(f) District, PC-3 (4) South- 1, R,L.S. #629 - Tracts G, H. Section2 Paragraph 1, Boundaries of Office Building District, of Section 10, Office Building District of Ordinance No, 261 of revised ordinances of the Village of Edina; as amended, is fbther amended by adding She following: after sub-paragraph (i) of said Paragraph 1, the following: Vicinitv of West mStr- j, -Lot 1, Block 1, Southdale Office Park Addition. k, 1, rn. Lot 1, Block 1, Southdale Office Park I1 Addition. Lots 2 and 3, Block 1, Southdale Office Park I1 Addition. Lots 1,-2, 3, 4, Block 2, ’Southdale Office Park I1 Additions This Ordinance shall be in effect immediakely after its . passage and publication, .d Motion for: adoption of the Ordinance as submitted-, with waiver of second reading , aas seconded by Mr, Rixe. follows: k!acMillan, aye; Rixe, aye; Bredesen, aye, and the Ordinance was ATTEST: On Rollcall ELIMINATION OF “ARE Ano- Village Attorney Whitlock advised that the petitioners for this action had withdrawn their request and that no action was necessarp., ..- VACATION OF ALLEY EETlrJEEN YORK AND ZENITH AVE%UEUEe Public Hearing was held on the petition of owners of thirteen properties in the 5500 block on York and Zenith Avenues to vacate the alley. Publication, Posting and Mailing of Notices of Public Hearing were presented by the Clerk, approved as to form and ordered placed on file. Zenith, questioned whether the alley was to be vacated or to be improved, indicating that petitions for both actions had been circulated. residents also indicated they were confused as to what action was being considered, alley, based on the only petition filed on the matter, to the vacation. Affnidavits of ftk. Perkins, 5533 TWO other Theyviere advised that this was a public hearing on vacating the There were no objections Mr. Rixe offered the *following Resolutison and- moved its adoption, RESOLUTION VACATING ALLEY ETVJEEN YORK AND ZENITH AVENUES, ; WEREAS, IXJO weeks’ published notice and posted notice of a hearing to be had on October 19, 1964, at 7:OO p,m.,- on the proposed Vacation of the Alley hereinafter described has been given and made, and a-hearing has been had thereon by the Village Council: Edtna, Hennepin County, hlinnesota, that the Alley between York and Zenith Avenues from 55th to 56th Streets, all as platted and of record in $he office of the Register of Deeds in and for Hennepin County, Minnesota, be and hereby is vacated. I NOYJ,~ therefore, Be It Resolved by the Village Council of the Village of Motion for adoption of Resolution was seconded by VanValkenburg and on Rollcall -I STREET NAME CHANGE - C-PARKSIDE LANE. held on the petition of Douglas L, ligJood, 4529 Cleveland Avenue and five other residents to change the name of Cleveland Avenue to Parkside Lane, pursuant to Notice of Hearing published in the Edina-Morningside Courier OGtober 1 and October 8, 1964, posted September 21, and mailed to affected property owners. Mrr Uood stated that the few homes onmthe block have had difficulty getting their mail because of the Post Office confusing Edina’s Cleveland Avenue with those in Minneapolis and S-1;. Paul. He further advised that he had cleared with the Post Office on the proposed name, Parkside Lane, hlr, Machdillan offered the Public Hearing vIas follob*Jing Ordinance , moving that Council dispense with second reading and adopt Ordinance as submitted: 10/26/64 ORDINANCE NO 164- 2% AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE ria, 164 ENTITLED ”AN ORDINANCE, NAMING AND RE~JAMING CERTAIN ROADS, STREETS AND AVEIWES OF THE VILLAGE THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Ordinance No, 164 of ‘the Village, as amended, is hereby further amended by-adding after Section 42 the following: Emma Abbott Park, as the same is of record in the office of the Register of Deeds of Hennepin County, is hereby renamed, Parkside Lane,” and publication, , “Section 42, Cleveland Avenue, located‘ in Cleveland’s Subdivision of This Ordinance shall be in effect from and after its passage Motion for waiver of second reading and adoption of Ordinance as submitted was dinance was adopted, Mro Earl A. Carlson, owner of the above property, advised that he had trimmed the trees, and had the lawn cut and cleaned up, and that he had been attempting to get estimates on remodeling, structure and move two hduses in on the two 50 foot lots, He was advised that the Planning Commission should be contacted for an answer<to this possibility, Village Manages requested more evidence of additional progress on rehabilitating the structure. -the hearing was con€inued for 30 days, He asked whether he could remove or tear down the existing The By motion, VanValkenburg, seconded by Tupa, and carried unanimously, The following Improvement Petitions were submitted, and by motion VanValkenburg, seconded by Rixe and carried unanimously, were referred to the Director of Public Works for programming: 1. 2, Permanent Street Surfacing & Curb, St. Patrick’s Lane from Valley View Road to End, Sanitary Sewer & Watermain - West 64th Street from Lot 48, Normandale 3rd Addition East to Holborn Avenue; Holborn Avenue, West 64th Street to Whiting Street Sanitary Sewer, Watermain & Permanent Street Surfacing & Curb for - West 64th Street from MN&S Railroad to 836 feet East, and Sanitary Sewer and Watermain to serve Lots 5, 6, 48 and 49’between Whiting Street and Proposed West 64th Street. 3. 4. i ; INTERCHANGE EN=. Resolution confirm its earlier informal action in granting permission for the construction and maintenance of a spur track across Bush Lake Road, and that the permission should be to the MN&S Railway rather than to the Edina Interchange Center. VanValkenburg offered the following Resolution and moved its adofition: Village Attorney Whitlock advised that the Council should by RESOLUTION GRANTING PERMISSION TO THE MN&S RAILWAY TO CONSTRUCT A; BE IT RESOLVED, by the Village Council of the Village of Edina, Minhesota: the Minneapolis, Northfield 8 Southern Railway to construct and maintain a spur track and grade crossing across Bush Lake Road. Now, therefore, the Village Council of the Village of Edina, Minnesota, does hereby grant permission to the Minneapolis, Northfield S, Southern Railway to construct and maintain*a spur track and grade crossing at the following location: “That portion of the following easement which is contained within the right- of-way lines on Bush Lake Road, Edina Interchange Centey, Hennepin County, Minn: ‘A 20,O foot-wide strip of land located in the Village of Edina, County of Hennepin, State of Minnesota whose centerline is described as follows: WHEREAS, in,order to serve industrial property in Edina, it is advisable for Eeginning at a point on the East line of Lot 6, Block 3, Edina Interchange Center, Distant lO,O6 feet North of the Southeast Corner of said Lot 6; thence extending Westerly on a line parallel with and 10,O feet (measured Perpendicular) distant &om the South line of said Lot 6 to a point on said parallel line distant 351.53 feet from the West line of said Lot 6 (measured perpendicular): thence deflecting to the right along a circular curve whose radius is 383.06 feet to its intersection with-the West line Lot 5, Block 69 and there terminating,’ and. 246 ( 10/26/64 1 'A 20.0 foot-wide strip of land located in the Village of Edina, County of Hennepin, State of Minnesota whose centerline is described as follows: Beginning at a point 50,o feet West (measured perpendiwlar) of the East line of Lot 5, Block 7, Edina Interchange Center and along a line parallel to and distant 70,o feet South (Measured perpendicular) of the North line of said Block 7; thence extending due Uest along said parallel line to a point 63.05 feet West (Illeasured Perpendicular) from the East line of Lot 2 in said-Block 7; thence deflecting to the right along a circular curve having a radius of 764.49 feet and a delta atigle of 6°-18'-23": thence bearing North 83O-41'-37" Vest to a point on the West line of Lot 1 of feet South of the-Northwest corner terminating. ' " I h'Iotion for adoption of the above Resolution was seconded by Tupa, and on Rollcall Tupa, aye; VanValkenburg, aye; and Bredesen, aye, and'the Resolution was adopted, SUMMONS AND COMPL AI Village Attorney Iihitlock reported that the Village had been served rdith a summons in the case of Larson-Johnson Construction Company, Inc,, VS. Robert and Helen Gavkn, Bermel-Smaby Realty, Inc., and the Village, regarding- payment of special assessments on the above lot and that all proper action vJas being taken, PLANNING COJflPUSSION Am, Meeting of October 14, 1964, \. 5240 VES- Request to again use property as a church. moved approval of recommendation by Planning Commission that the request be denied because of inadequate area €or parking aas-seconded by VanValkenburg and carried. FAI3RI.-TEK PETITION F-ONING-FROM OPEN DEVELOPIENT TO PLANNED INDUSTRIAL 0 After a brief explanation of the proposal.by Mr, Hite and Richard Fitzgerald, attorney €or Fabri-Tek, of property north of Highway 169 and County Road 18. VanValkenburg moved for bublic hearing on the petition November 16, seconded by hlacAlillan and carried, PENTAGON PARK - NORMANDALE CENTER. revised plan for the proposed office building project, pointing out that it was not feasible to construct a five-sided six story center building as had been originally proposed and approved and that they wish to construct only four one- story buildings and a four-sided six story center building, had talked to the Lake Edina home Owners group and had met with no objection. No action necessary. \ theie were five ayes and no nays, as follows: MacMillan, aye; Rixe, aye; .. - - . Mr, Tupa .: I lllotian Ed Dunn and James Curry presented a They advised,they - PAr. Hite explained that changes had been made in this plat since earlier approval had been given which involved a different park location and the vacation of the proposed Cadillac Drive. The Planning Commission recommended approval subject to adequate access being available from View Lane to the park and the vacation, VanValkenburg moved for approval subject to the two conditions. Motion seconded by Tupa and carried. OVERHOLT-IA ADDITION -- Mr, Hite pointed out the existence . of a private road in the plat which the Planning Commission felt was advisable. VanValkenburg moved for approval, seconded by Rixe, and carried, - 'A FF Nlr, Hite pointed out that the lots in this plat are zoned €or double bungalows, and that the Planning Commission recommended that the necessary variances because of insufficient lot area be granted, and that a hearing would be necessary later, for approval, LIacLiillan seconded, and motion carried, I'IARDEN ACRE!& BE€?- VanValkenburg moved for approval, Tupa seconded and motion carried. I Mr, VanValkenburg moved PETITION5 RALPH-.. VanValkenburg moved public hearing on petition be held on November 16, seconded by Rixe and carried. PJBLICI IN TIP& VanValkenburg, and carried, hk. MacMillan moved hearing be held+December 7, seconded by I . 10/26/64 )ITALBUDGE_T_. cost to Edina taxpayers would be about one mill more next year. :ATTORNEYSIGNSO Ah-, Hyde advised the Council that Maynard Hasselquist had submitted his resignation because of pressure of other duties, and requested Council confirmation of the appointment of William Whitlock as Village Attorney, Mr, VanValkenburg moved that the apppintment of [Are Whitlock be confirmed, seconded by Rixe and carried, drawn thanking Ah-. Hasselquist for his long and effective service in the position, seconded by MacMillan and carried. The Village Manager pointed out that the Mr, Tupa moved that a Resolution be WARREN AVEIKJE AREA STORM SEWER. advertising for bids for'this project. seconded by Rixe, and carried. Mr, Hyde requested Council confirmation of VanValkenburg moved for confirmation, :. easement granted by Hugh Brenner in Valley Vista Addition was no longer needed, MacMillan moved that the Village execute a quit claim deed, returning the easement to Mr. Brenner, seconded by VanValkenburg, and carried. Mr, Hite explained that a storm sewer -SON PRELIMINARYe Council had authorized the construction of one dwelling on this tract without sanitary sewer, but that the final plat had been approved subject to sewer being made available. MacMillan moved final approval 6f the plat without the sewer condition, seconded by Tupa, carriede 3. it would not be advisable to proceed to remove this dwelling without further checking as to legality and that additional information would be given the Council later. ' Mr, Hite pointed out that at the last meeting, the iVre Hyde reported that because of 'ownership complications, lAr, Hyde advised that as a result of a change in statutes at the last legislature, it apparently was not necessary for the Council to inspect all voting machines after an election, and that the Council's canvass was only of contests for Village of€ices. In at least two other villages where voting machines are used,the Councils there delegate the physical inspection to employees. to Mr. Langmack, Edward Sherman, and John Nee, VanValkenburg moved that George Langmack, Edward Sherman and John Nee be delegated to canvass the machines as to villaga elections, seconded by Tupa and carried, He suggested that the Council could delegate the actual inspection TRAFFIC'FLOW A4AP.S. Mr. Hite described a large map showing traffic volumes on several Village streets, which had been made in accordance with State Gasoline Tax sharing requirements, He pointed out that Edina Boulevard, Wooddale, and Brovrndale were carrying substantial volumes, and that counts were also taken on many purely local streets, where less than 300 cars travel each day, e. as Wong's Grandview Cafe, because of Mrs, Wong's refusal to allow James Hensley, Village Public Health Sanitarian, accompanied by 3ames AiIcNellis, Assistant Fire Chief, to inspect the premises. to operate after the licenses were suspended, the Village had asked for a District Court order requiring her to close. the licenses because of the condition of the premises on October 19, when an inspection was made following a request of Judge Jaroscak. VanValkenburg that the licenses be revoked, based on the findings of the Manager, Sanitarian and Fire Department. Richard Olson, attorney for Mrs. Wong, went into considerable detail concerning the case, and again indicated his contention, as he did in 19f~2, that inasmuch as Mr. Hensley was not a medical doctor, Ah-* Hensley was not properly qualified under state law. Mr. Olson admitted that there were accumulations of grease and other insanitary conditions on October 19, and that all justified complaints were now cleaned up. invitation to inspect the premises at the conclusion of the meeting before any action would be taken. Mr. Hyde reported that on October 9 ,he had temporarily suspended the food and beer licenses of Mabel Wong, doing business He advised that inasmuch as Mrs. Wiong had continued Mr. Hyde recommended permanent revocation of It was moved by Mayor Bredesen accepted hh-. Olson's PROPCISEJD LEASE-RE IN GRANDVIEW AREA. time it,appeared that the space now used by the Olson' Brose Drug Store on Highway 169 would be available for a liquor store. had been sent to the Council previously and that a lease could be had for $3 a square foot rent per year plus $1,000 for the basement space. approximately 3,200, and coolero terms for five years with an option for an additional two years, subject to taking possessidn no later than November 15. The motion was seconded by Tupa and carried, Mr, Hyde advised that as of this He referred to a memo on the matter which The square footage is VanValkenburg moved that the Village enter into a lease on these He estimated that it would cost about $18,000 for shelving 10/26/64 ’-, lirlr. Hyde pointed out that a review had been made of police car bids over the past few years and that there was no apparent difference in price as between taking bids in the fall, winter, or spring, and requested approval of taking bids in the near fuf;ure,.because of the fact that three cars now have over 50,000 miles on them, approve taking bids, seconded by Rixe, and the motion carried. IMr. VanValkenburg moved to STATE!E?JT OF SURPLUS AND RESEW. dated October 19, 1964, compiled by the Finance Director as to the condition of all Village funds,’as fOllOVJS: . Attention was called to the statement ALL FUNDS SURPLUS AND RESERVES VILLAGE OF EDINA . AS OF DECEhlBER 31, 1963 r;EERALJUN& Reserve for Commitments: Codification of Ord-inance - (To be transferred to Revenue during 1964) Grader (4Vd of new grader) Curb Repair - (Curb replacement Country Club area) Planning - (Traffic Study - southern part of Village) Fire - Capital Additions ($5,000 to use for rescue unit) Aerial Contour Maps Unappropriated - Surplus $ 2,500 10,000 5,000 1,500 6,500 a $ 27,500 A $ 45,968 c POOR FUND Unappropriated - Surplus “1 F . !.\ *- /\). . Contributions for SpecifiG Purposes: Landscaping Buffer s&ip West of Library Dwight Williams Memorial Park - Browndale and 50th Street Wooddale Park - Improvements and recreation program Cornelia Lake Park - Improvement Normandale Park - Improvement Cash in Lieu of Dedication of Land: District No. 2 $ 6,185 District No. 3 2,150 District No. 5 2 12,235 225 $ 15,068 District No, 4 r 3 , 400 I Unclass if,ied -c_ Reserve for Commitments: One-Half Cost of Seven Gang Mower - (Transferred $0 Revenue during 1964) 3,500 Unappropriated - Surplus Less Amount Used for 1964 and 1965 6 , 036 Budgets 6_.oqo_ 2 18 , 604 1 Unappropriated - Surplus GOLF COURSE FUND Reserve €or Debt Service - (Must be maintained until all-bonds are paid - 1987) Unappropriated - Surplus - Deficit* 17,865 $ 207 -492 1,416 275 218 493 $ 52,300 4BJ 48,047 PARK SINKING FUND Unappropriated - Surplus - (Not Available until all bonds are paid - 1981) 55,536 10/26/64 CONSTRUCTI- - Reserve for Construction - (Available, but presently being used for temporary financing of assessed projects) BINT S.EWEE. 1 FaD Unappropriated - Surplus -NE4JT IMPROVEMENT REVOLVING FUND unau 1953 IMPROVEMENT FIRST SERIE- Unappropriated - Surplus - (Transferred to Permanent Improvement Revolving Fund ) > Unappropriated - Surplus - (Transferred to Permanent Improvement Revolving Fund ) 2 Unappropriated - Surplus - (Will be transferred to Permanent Improvement Revolving Fund during all bonds are paid) & Unappropriated - Surplus used to cancel annual 1965 after - (Will be levy for bonds and interest - 1975). SOUTHDALE_OVEMENTm Unappropriated - Surplus - (Not available until all bonds are paid - 1973) SFm Unappropriated - Surplus - (Not available until all bonds are paid -' 1979) Appropriated - Surplus - (Not available until all bonds are paid - 1980) Unappropriated - Surplus - (Will be used for future capital improvements) SEWER RENTAL Unappropriated - Surplus - Deficit* - L- Unappropriated - Surplus Less : ~ Amount invested'in merchandise inventory Loan to Golf Course Fund $200,967 48,277 $. 27,502 2,392 2q.088 269 , 332 55 , 692 63,087 3,966 626 ,, 655 ' $ 77,536 187,917 265,453 $431 , 822 $ 254,970 cq.Oo0- 314- 116,852 TOTAL- $1.608,272 -: Ava i 1 able $ 343,238 Contributions for Specific Purposes 14 , 843 Reserve for Debt Services 185 $372 Improvement Funds - Surplus 749 , 400 Temporary Financing of Construction Projects 127,502 Reserve for Capital Improvements TOTAL $- 250 10/26/64 PROPOSED IhPROVERIENT HEARING AND Am HEARINGDATES, a list of proposed'improvement hearings, as follows, and a request that assessment hearings be held November 2 on Oiling and Tree Trimming Improvements. He pointed out that in this connection, a request had already come from Alr. Eundgaard on Rolling Green Parkway, where sanitary sewer had been deleted from the over-all project because of neighborhood opposition, to immediately install sewer, lo Sanitaruewer - Benton Avenue from Crescent Drive to 2, 3. tuk0 Hyde presented Railroad Tracks . - - Trunk and Lateral - Division Street from Rutledge Avenue to Brookside Avenue. Sanit'ary SevJer - Samuel Road, Iroquois Trail, Mohawk Trail and West Trail, East Road, Pine Grove Road, Rolling Green Parkway (Gravity Portion) 4,. io (Preliminary Hearing) Grandview Area. It was moved by MacMillan, seconded by Tupa, that the hearings be held as scheduled and the motion carried, :OF L-m OF 66THm0 The Park Board, on October 12, recommended the purchase of Lot 5, Block 20 Normandale €or $1,000, as part of the program to acquire all lots in this area, Tupa moved that the lot be purchased, seconded by VanValkenburg and carried. -RTY - T. to an opinion from the Village Attorney which had been given to the Council concerning this property, which stated that the Village would be in a difficult position to deny a request for a gas station on this property, that Sunray D-X Oil Company has now requested a special permit-on the 125 foot square parcel, rather than-on the whole Trisler parcelo better solution would be to rezone the whole property to C-4 and that the Planning Commission had recommended this action. A variance aould be required under C-4 to allow the use of only 133 feet of frontage rather than the ordinance requirement of 150 and to have a side yard of 37 feet instead of 500 ldayor Bredesen indicated he favored the C-4 approach, and that the Church officials be notified to attend the Council meeting of November 2, of Sunray was present. Mr. Hite referred He advised He suggested that a Nr. Marsh . I- 5 . *- .f J _. .. DIVISION OF:. between France and Beard, from 58th to 60th Street had been originally platted into very large lots, and that over the years most of the original lots have been divided into four parcels. resulted in a request being made for waiver of platting requirements by Resolution. adoption: Mr. Hite explained that the property On this particular lot, a title search has Mr. VanValkenburg offered the following Resolution and moved its RESOLUTION WAIVING PLATTING REQUIREMENTS IN AUDITOR'S LC- SUBDIVIS- BE IT RESOLVED BY THE EDINA VILLAGE COUNCIL, of the Village of Edina, Minnesota: WHEREAS, the area betlveen France Avenue and Beard Avenue from 58th Street to 60th Street was originally platted into lots with dimensions of 3.32 feet by 300 feet, and WHEREAS, practically all of the lots in the area have been split into halves or quarters of the original lot without benefit of receiving official . Planning Commission and Village Council approval because no re-plats were filed, and WEREAS, presently used and developed lots in Auditor's Subdivision No. 312 meet acceptable standards for residential lots, NOW, THEREFORE, BE IT RESOLVED, by the Village Council of the Village of Edina that normal platting requirements be Subdivision No, 312 is concerned, provided nted for any lot less than 50 feet by so far as Auditor*s building permit shall be Motion for adoption of the above Resolution was seconded by Tupa and on Pollcall there were five ayes and no nays, as follorus: h1achIillan, aye; Rixe, aye; Tupa, aye; VanValkenburg, aye; and Bredesen, aye; and the Resolution was adopted, 10/26/64 ' /RAVENUENDALE. A corrected. surveyors legal description of that portion of Whiting Avenue which was vacated by Resolution, August 3, and February 17, 1964, was presented with the request that the vacation Resolution be amended. moved its adoption: ilk. VanValkenburg offered the follovhg Resolution and RESOLUTION AMENDING RESOLUTION OF AUGUST 3, 1964, VACATING CERTAIM STREETS ; EE IT RESOLVED, by the Village Council of the Village of Edina, Minnesota: streets in Normandale Third Addition, and, Resolution was incorrect , WHEREAS, on August 3, 1964, a Resolution was passed vacating certain WEREAS, the description of the portion of Whiting Street vacated by said NOllil, THEREFORE, BE IT RESOLVED by the Village Council of the Village of ' Edina that- Paragraph 2 of said Resolution be stricken and that a new Paragraph 2 That part of Whiting Avenue, as laid out and platted in Normandale Third Addition, lying Westerly of the Westerly right of way line of the Minneapolis, Northfield 8 Southern Railroad, and lying Easterly of a curved line (convex to the Southeast and having a radius of 2989,76 feet), said curved line being drawn from a point on the North line IYhiting Avenue, distant 926.54 feet East, measured along said North line-from the Easterly line of Valley View Road, to a point which is distant 14.03 feet South of the Southwest corner of lot 30 in said addition and measured at a right angle to the South line of said Lot 30." to read as follows be inserted: "2. Motion for adoption of the above Resolution was seconded by Tupa and on Rollcall I Pointing out that the late Mrs. Alden's position was that of Village Clerk-Treasurer, Mr, Hyde presented a proposed ordinance separating the duties. the Treasurer and that the Treasurer's functions were primarily routine and ministerial, Mr, VanValkenburg offered the followingOrdinance, moving that the Council dispense with second reading-thereof and adopt as submitted: He explained that the Finance-Director was also ORDINANCE NO, 11-2 AN ORDINANCE AMENDING ORDINANCE NOo 11-1 OF THE VILLAGE BY ESTABLISHING THE OFFICES OF VILLAGE CLERK AND OF VILLAGE TFEASUFER- FINANCE DIRECTOR, AND PRESCRIBING THE DUTIES OF SUCH OFFICES, AND RE_PEALINGON 2 OF SAIDORDINANCE, THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 2, amehded by adding thereto -the following: Section 2 of Ordinance No, 11-1 of the Village is'hereby-repealed. Said Ordinance, as amended in the preceding paragraph, is hereby I ~. "Section 2, Lasur- The offices of Village Clerk and of Village Treasurer-Finance Director are hereby established. The duties of each shall Motion for waiver of second reading and adoption of Ordinance as submitted was seconded by Rixe, and on Rollcall there were five ayes and no nays, as follows: MacMillan, aye; Rixe, aye; Tupa, aye; VanValkenburg, aye; and Bredesen, aye;and the Ordinance was adopted, 10/26/64 )o as Village Clerk for the time being, and that Miss Ruth Aretz would take the minutes of the Council meetings by stenotype. Mr, Hyde announced the appointment of George Langmack, Jr., -ACSIF.ULE SI- Mr. VanValkenburg offered the following Resolution and moved its adoption: RESOLUTION AUTHORIZING USE OF . FACSIMILE SIGNATURES BY PUBLIC OFFICIALS_ RESOLVED, That the use of Facsimile signatures by the following named persons: ARTHUR C. BREDESEN, JR. , - MAYOR WARREN C, HYDE - VILLAE MANAGER J, .No DALEN - VILLAGE TREASURER I on checks, drafts, warrants, warrant-checks, vouchers or other orders on public funds deposited in FIRST EDINA NATIONAL BANK, FIRST SOUTHDALE NATIONAL BANK, and MIDLAND NATIONAL BANK OF AIINNEAPOLIS, be and hereby is approved, and that each of said named persons may authorize said depository bank to honor any such instrument bearing his facsimile signature in such form as he may designate and to chasge the same to the account in said depository bank upon which drawn, as fully as though ,Motion €or adoption of Resolution was seconded by Tupa and on Rollcall there were five ayes and no nays, as follows: MacMillan, aye; Rixe, aye; Tupa, aye; VanValkenburg, aye; and Bredesen, aye; and the Resolution was adopted, F.INAL PAY FOR MRS. ALDEN'S ESTATE, !$!re Hyde's recommendation that the final payment for JJrs. Alden's services include accrued vacation leave and 28 working days Df compensatory time due for abnoFmal overtime was referred to the Village Attorney for checking as to legality, by motion of VanUalkenburg, seconded by Tupa and carried, YI. all members of the Council, Mro Hensley, hlr. Hyde, and Mro \BJhitlock inspected the premises. done 2ince the inspection on Octoberf119, there were still several matters requiring correction. that the temporary suspension of the licenses by the Village Manager be lifted, subject to frequent, unhampered inspections being made by the Village Sanitarian and that detailed reports be given by him to the Council as to any further violations being. found. I I The meeting was then adjourned to ?ong's Cafe where The inspection revealed# that while considerable cleaning had been After considerable discussion, it was moved by Mrw Rixe [Jotion was seconded by Tupa and carried , Tupa's motion for payment of-the following claims as per. Pre-List dated October 19, 1964: General Fund, $20,899.05; Construction Fund, $173,054e60; Park, P9rk Construction, SvAm Pool and Golf Course, $24,242.08; Water Fund, $3,W0,57; Liquor Fund, $71,210.47; Sewer Rental Fund, $1,524.02 - TOTAL, $293,970,79, . Illotion was seconded by VanValkenburg and carried, There being no further matters to consider, Machlillan moved for adjournment, Motion seconded by Rixe. and carried. Clerk \ ,