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HomeMy WebLinkAbout19641116_regular11/16/64 MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, NOVEMBER 16, 1964, AT 7:OO P.M., AT THE EDINA VLLLAGE HALL. Members answering Rollcall were: MacMillan, Rixe, Tupa, VanValkenburg and Bredesen. MINUTES of the Regular Meeting of October 26, 1964, were approved as submitted by Motion VanValkenburg, seconded by MacMillan and carried. $1,200,000~.00~ TEjlPORARY IMPROVEMENT- BONDS. showing publication in the official newspaper and the Commercial West of notice of The Village Manager presented affidavits call far-bids on $1,200,000 Temporary Improvement Bonds of the Village, for which bids were to be received at this meeting in accordance with the resolution adopted by the Council on October 5, 1964. Said affidavits were examined, found to comply with the provisions of the Minnesota Statutes 1961, Chapter 475, and were approved and ordered placed on file. , The Mayor then announced that seven sealed bids had been received pursuant to said notice of call for bids, which were thereupon opened and read, and the highest and best bid of each bidder was found as follows: Name of Bidder Maturity Dates Interest Rate Premium First National Bank, ) December 1, 1966 2.50% -0- Minneapolis, ) Plus additional coupon 'b I First Nationak Bank, ) all bonds at 1.10% from ) effective Interest Rate- ) 2,5825% St, Paul ) 4-7-65 to 6-1-65. Net First Edina National Bank, December 1, 1966 2e60% $ 50.00 First Southdale National ) 2.597916% Edina ) Net effective interest rate Bank, Edina 1 De B. Morron & Co. , ) December I, 1966 2 625% 10 60 New York ) Net effective Interest Rate New York Hanseatic Corp., ) 2.625% Hartford National Bank & December I, 1966 2 70% 108.00 New York 1, Trust Co., Hartford, Conn ) 2.6955% Minneapolis 1 Plus additional coupon ) Net effective interest rate Northwestern National Bank, December 1, 1966 2.60% -0- Allison-Williams Company, J. M. Dain and Company, Net effective Interest Rate Piper, Jaffray & Hapwood, ) Minneapolis 1 Woodard Elwood & Company, ) Minneapolis 1 Caldwell-Phillips Company, ) St. Paul 1 Shaughnessy & Company, 1 St. Paul 1 ) on all bonds at 1.20% from Minneapolis 1-1-65 to 6-1-65. Minneapolis 2.85% Paine, Webber, Jackson & ) December 1, 1966 2.50% American National Bank, Curtis, Minneapolis Plus additional coupon on all bonds at 1.70% from Net effective Interest Rate 2.854% Continental Illinois Nat'l December I, 1966 2 . 90% St. Paul ) 1-1-65 to 6-1-65. 245 00 Bank and Trust Company, Chicago 2.88979% ) Net effective Interest Rate - 0- The interest on said bonds (being the total interest to the stated maturities, less any premium offered) according to the respective bids was then computed and reported. Member MacMillan then introduced the following resolution and moved its adoption; RESOLUTION AWARDING SALE OF $1,200,000 TENPORARY 1MPROVEM.ENT BONDS BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that the bid of First National Bank of Minneapolis and St. Paul, and associates named therein, to purchase $1,200,000 Temporary Improvement Bonds of this Village, to be dated as of December 1, 1964,and to be issued as specified in the official notice of sale thereof, is hereby found and declared to be the bid most favorable to the Village received pursuant to due notice, and should be and is hereby accepted, 264 11/16/64 /said bid being to purchase said bonds at a price of par and accrued interest plus - $ none premium, all bonds to bear basic interest from date of issue until paid at the rate of Two and one half per cent (2 1/2%) per annum, and bonds bearing serial numbers 1 through 240 to bear additional interest, represented by a separate and detachable (set of) rrBlr coupon(s) from April 7, 1965, to June 1, 1965, at the rate of One and ten hundredths per cent (1.10%) per annum. The Mayor and Village Hanager are authorized and directed to endorse an acceptance on said bid and on a 'I The motion for the adoption of the foregoing Resolution was seconded by Member VanValkenburg, and upon vote being taken thereon, the following voted in favor thereof: MacMillan, Rixe, Tupa, VanValkenburg and Bredesen, and the following voted against same: None, whereupon said Resolution was declared duly passed and adopted, and was signed by the Nayor and attested by the Village Manager. ' After discussion, Member MacMillan introduced the following Resolution and moved its adoption: RESOLUTION DIRECTING THE ISSUANCE OF $1,200,000 TEMPORARY IMPROVEMENT BONDS FIXING THE FORPI AND DETAILS THEREOF, AND PROVIDING FOR AND APPROPRIATIHG SPECIAL ASSESSMENTS FOR THE PAYMENT THEREOF BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows: Bonds, and shall be dated December 1, 1964. numbered from 1 through 240, inclusive, in the denomination of $5,000 each. the bonds shall mature on December 1, 1966, without option of prior payment, and shall bear interest from date of issue nntil paid at the rate of Two and one half per cent (2 1/2%) per annum. interest, represented by a separate and detachable (set of) llBrr coupon(s), from April 7, 1965, to June 1, 1965, at the rate of One and ten hundredths per cent (1.10%) per annum. *Interest on a11 of said bonds shall be payable on June 1, 1965, and on each December 1 and June 1 thereafter to maturity, interest on said bonds shall be payable at First National Bank of Elinneapolis, in Minneapolis, Miinnesota, and the Village agrees to pay the reas0nabJ.e charges of such paying agent. I printed in substantially the following form: - 1. The bonds sold this date shall be denominated Temporary Improvement' Said bonds shall be 240 in number and All of Bonds bearing serial numbersI1 through 240 shall bear' additional Both principal and 2. Said bonds and the interest coupons appurtenant thereto shall be UNITED STATES OF AlrIERICA STATE OF LdINNESOTA COUNTY OF HENNEPIN VILLAGE OF EDINA TENPORARY IMPROVEMENT BOND NO . $ 5,000 KNOW ALL MEN BY THESE PRESENTS that the Village of Edina, Hennepin County, Minnesota, acknowledges itself to be indebted ad for value received promises to pay to bearer the sum of Five THOUSAND DOLLARS on the first day of December, 1966, until said principal sum be paid at the rate of two and one half per cent (2 1/2%) per annum, and additional interest, represented by a separate (set of) frBrt couponis) from April 7, 1965 to June 1, 1965, at the rate of One and ten hundredths per cent (1.10%) per annum. December 1, commencing June 1, 1965, in accordance with and upon presentation and surrender of the interest coupons hereto appurtenant. are payable at THE FIRST NATIONAL BANK, in MINNEAPOLIS, MINNESOTA, in any coin or currency of the United States of America which on the respective dates of payment is legal tender for public and private debts, principal and interest as the same become due, the full faith, credit and taxing powers of the Village are hereby irrevocably pledged. This bond is one of an issue in the aggregate principal amount of $1,200,000 all of like date and tenop except as to serial number, all issued for the purpose of defraying expenses.incurred and to be incurred in constructing improvements in and for said Village, and .is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereanto enabling, and pursuant to Interest on this bond is payable semiannually on each June 1 and Both principal and interest For the prompt and full payment of such 11/16/ 64 265 resolutions duly adopted by the Village Council. This bond is payable primarily from the Temporary Improvement Bond Fund of the Village, to which fund there have been irrevocably appropriated the special assessments levied or to be levied for the improvements financed by this issue, and into which fund there are to be paid the proceeds of the definitive improvement bonds which the Village is required by law to issue at or prior to the maturity of this bond for the purpose of refunding the same so far as special assessments theretofore collected are not sufficient for the payment thereof, IT IS HEREBY CERTIFIED, CONVENbJJTED AND AGREED that a11 acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this bond in order to make it a valid and binding general obligation of said Village according to its terms, have been done, do exist, have happened and have been performed as so required; that, if necessary to pay principal of and interest on this bond as due, ad volorem taxes are required by law to be levied upon all the taxable property in the Village without limitation as to rate or amount; and that the issuance of this bond does not cause the indebtedness of the Village to exceed any constitutional or statutory limitation of indebtedness. U IN WITNESS WHEREOF, the Village of Edina, Hennepin County, State of Minnesota, by its Village Council, has caused this bond to be executed by the I facsimile signature of the Mayor, attested by the manual signature of tbe Village Manager, and sealed with the Village seal, and has caused this bond to be dated as of December 1 32 23 4! v U k3 (Facsimile signature) Mayor Attest: No. (Form of Coupon) $ 62.50 On the 1st day of JUNE (December), 1965, the Village of Edina, Hennepin County, Minnesota, will pay to bearer at FIRST NATIONAL BANK in MINNEAPOLIS, MINNESOTA, the sum shown hereon in lawhl money of the United States of America, for interest then due on its Temporary Improvement Bond, dated December 1, 1964, (Facsimile signature) (Facsimile signature) NO . Village Manager Mayor 3. Said bonds shall be prepared under the direction of the Village Manager and shall be executed on behalf of the Village by the facsimile signature of the Mayor, attested by the manual signature of the Village Manager and by affixation of the corporate seal. When said bonds have been so executed and authenticated, they shall be delivered by the Treasurer to the purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and said purchaser shall not be obligated to see to the application of the pwchase price, The full faith, credit and taxing powers of the Village shall be and hereby irrevocably pledged for the prompt and full payment of the principal of and interest on said bonds as they respectively become due. be primarily payable from the Temporary Improvement Bond Fund created by resolution of this Council dated December 30, 1957, but if moneys in said fund should at any time be insufficient to pay all principal and interest due on such bonds, the Village covenants and agrees that it will provide sufficient moneys to restore such deficiency in the manner set forth in said resolution. No tax is presently required to be levied for the payment of principal and interest on this issue, since the instant bonds are to be refunded by the issuance of definitive improvement bonds on or prior to December 1, 1966, as required by and set forth in Chapter 475, Minnesota Statutes 1961. However, the obligation of the Village is expressly recognized and affirmed, to levy a tax upon a11 taxable property within its corporate limits, without limitation as to rate or amount, if found necessary for the payment of such principal or interest. the County Auditor of Hennepin County, a certified copy of this resolution and to obtain from said County Auditor a certificate setting forth the registration of said bonds in his register in accordance with the provisions of Minnesota Statutes 1961, Section 475.63, as amended. authorized and directed to prepare and furnish to the purchaser of said bonds and to all the attorneys approving the legality of the issuance thereof certified copies of all proceedings and records relating to said bonds and to the financial affairs of the Village, and such other affidavits, certificates, and information 4. Said bonds shall 5. The Village Manager is hereby authorized and directed to file with I 6. The officers of the Village and the said County Auditor are hereby 11/16/64 as may be required to show the facts relating to the legality and marketability of said bonds as the same appear from the books and records under their custody and I The motion for the adoption of the foregoing resolution was duly seconded by Member thereof: voted against the same: and adopted,jand was signed by the Mayor, which was attested by the Village Manager . -VanValkenburg, and upon vote being taken thereon, the following voted in favor MacNillan, Rixe, Tupa, VanValkenburg and Bredesen, and the following None, whereupon said resolution was declared-duly passed PUBLIC HEARING ON- JGZONING- S .E. CORNER OF W. 54TH- ST. & FRANCE AVE , affidavits of publication and posting. Mr. Hite presented an explanation of the petition, by rezoned from C-1 Commercial and Community Store Districts to C-4 Commercial District. This petition was presented in June, 1964. A subsequent petition has been received from the Sunray-DX Oil Company to merely grant a special permit for gasoline station under the Community Store zoning, The Planning Commission had recommended that the rezoning under both petitions be denied, however, it was of the opinion that if the use was to be permitted that it be done so under the C-4 District zoning. representing the congregation of St. Peter's Lutheran Church, 5421 France Avenue South, immediately adjacent to the Trisler-l property, presented the Church's objection to the proposed use for gasoline service station. -Nr. Hhitlock, Village Attorney, presented an opinion based on Edina's experience in litigation of zoning disputes and upon a recent case involving the City of Minneapolis. The opinion advised that precedent appeared to have been well established for the courts to uphold the right of the oil company to secure zoning to accomodate service station use. Bredesen stated that while he was in complete sympathy with the Church congregation he was unable to justify the expenditure of funds to contest Sunray's application in view of the strong evidence indicating the contest's failure. that he was not personally in favor of the zoning use. He stated that the Church yet had the alternative of obtaining a court injunction against the Village's granting the: permit to build a service station. Mr. Schaefer insisted that it was the Village's responsibility to enter the matter into adjudication. Schweigert, stated that he was appreciative of the patience and thorough consideration the Village Council had given the matter. and also the sympathetic point of view they assumed toward the Church's problem, and that the Church would respect .the Council's decision. Church's request for construction of an adequate fence to screen the station from the Church, if reasonable, although the Village would be powerless to request or enforce such screening. Mr. Rixe stated that the fact the property was zoned for use$ including service stations before the Church was constructed, in addition to the advice received from the Village Attorney, made it imperative that the Council, however reluctantly, grant the rezoning to accomodate service station use. offered the following Ordinance, moving that Council dispense with the second reading and adopt: Clerk' presented , George TrisZ6r;. owner, which requested that the property be Mr. Schaefer, Mayor The Wayor repeated I Pastor . Mr. Bredesen stated that he was certain the oil company would honor the Rixe ORDINANCE NO. 261-10A AN ORDINANCE MENDING ORDINANCE NO. 261 BY REZONING FROM OPEN DEVELOPMENT DISTRICT AND C-1 DISTRICT TO COMMERCIAL C-4 DISTRICT AND AUTOMOBJLE PARKJNG DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 3, Boundaries of Commercial District, of Section 31, Commercial District of Ordinance'No. 261 of revisedt2ordinances of the Village of Edina, as amended, is hereby further amended byldeleting sub-section 10, sub- parhgraph (a), Section 11, and adding the following sub-section to sub-paragraph (d) District C-4, Section 11: I "(a) District C-4 22. Lots 6, 7, 8 and West 30' of Lot 5, Block 4, Ivandale Park near Lake Harriet .It and by adding to paragraph 1, Section 5, the following: ''Lot 4 and the East 10' of Lot 5, Block 4, Ivandale Park Near Lake Harriet." Section 2. This Ordinance shall be in effect immediately after its passage and publication . Notion for adoption of the Ordinance as submitted, with waiver of Second Reading, was seconded by Tupa. Mactlillan, aye; Rixe, aye; Tupa, aye; VanVal e On Rollcall, there were five 11/16/64 2-6 7 PUBLIC HEARING ON FABRIMTEK, INC. PETITION-TO REZONE LAND AT COUNTY ROAD 18 AND T.H. 169. Mr. Hite presented an explanation of the request to rezone a 32 acre site north of the present intersection of County Road 18 and Trunk Highway 169 from Open Development District to Planned Industrial District on behalf of Fabri-tek, Inc. Mr. Fitzgerald, attorney for Fabri-tek, also presented background information on the firm and the proposed site. commitment the firm was willing to make to preclude future rezoning or subdivision, Fitzgerald stated that anything short of a deed restriction would be agreeable because a deed restriction would make mortgaging the property more difficult and expensive. and that the Village could not be conce rned with the petitioner's financing problems. Residents of Walnut Drive presented objections to the indust5ial zoning within such close proximity to their homes and wanted to know what sort of protection their properties would have against future industrial expansion in the immediate area. Mr. Hite explained that adequate transition zming could be established on the Sime property west of Walnut Drive. to other objections, that the proposed realignment of County Road 18 would place the highway on the highest piece of land, above the proposed Fabri-tek building, and that there would be no travel access to the industrial site from the residential areas adjacent to it. weeks, until December 7, 1964, to allow the'attorneys for petitioner and the Village to reach an acceptable agreement on prohibiting the future rezoning or subdivision of the property in question. Affidavits of Publication and Posting were presented by the Clerk. Mr. Bredesen asked Fitzgerald what type of Mayor replied that the restriction was the most desirable alternative Xt was also esplained by Hite, in response VanValkenburg moved that the matter be continued for three Tupa seconded and the motion was carried. OPERTIES FROM OPEN DEVELOPMENT, MULTIPLE RESIDENCE AND REGIONAL MEDICAL TO MULTIPLE RESIDENCE, DISTRICT R2, R3, R4, R5 AND R6. Clerk presented affidavits of publication, posting and mailing. the proposed reclassification as not being a rezoning, but merely a renaming of land uses for multiple residence to conform with the new zoning ordinance. being no questions or objections, Mr. Tupa offered the following Ordinance, moving that the Council dispense with second reading, and moved its adoption: Manager Hyde presented There ORDINANCE NO. 261-102 AN ORDINANCE AMENDING ORDINANCE NO' 261 BY RECLASSIFYING PROPERTIES FROM OPEN DEVELOPMENT, MULTIPLE RESIDENCE AND REGIONAL MEDICAL TO MULTIPLE RESIDENCE DISTRICT R2, -R, R6 - I . . ,, ,. , . , THE VILLAGE COUNCIL, VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1 . "(a) District R-2 Paragraph 1, Section 4, Multiple Residence District, Ordinance No. 261-72, as amended, is hereby amended by adding the following: BLAKE ROAD 5708-10 Blake Road Lot 10, Black 1, Parkwood Knolls 8th Addn. Lot 11, Block 1, Parkwood lSnools 8th Addn. Lot 12, Block 1, Parkwood Knools 8th Addn. i 5712-14 Blake Road 5716-18 Blake Road !ROOKSIDE. AVENUE 4404 Brookside Avenue 4810 Brookside Avenue Lot 13, Parcel 2600, Brookside Terrace Lot 6, Parcel 3000, Edina Terrace BROOKVIEW. AVENUE 6220 Brookview Avenue France Avenue S. France Avenue S. France Avenue So France Avenue S. France Avenue S. Lot 7, Parcel 300, Aud, Subd. 172 Lot 8, Parcel 350, Aud, Subd. 172 Lot 9, Parcel 400, Aud. Subd. 172 Lot 14, Parcel 650, Aud. Subd. 172 Lot 14, Parcel 700, Aud. Subd. 172 Lot 2, Block 1, Victorsen's Valley View CAHILL ROAD 7208 Cahill Road FRANCE AVENUE 4638 Parcel 225, Sec. 8, Twp. 116, R, 21. 4640 4646 4804 4808 4824-24 1/2 France Avenue S. 4830 France Avenue S. 4854 France Avenue. S. Lot 16, Parcel 1000, Aud. Subd. 172 Lo: 17, Parcel 1050, Aud. Subd. 172 Lot 19, Parcel 1175, Aud. Subd. 172 11/16 / 6 4 5709-11 France Avenue S. Lot 13 and that part of Lot 12 lying North of a line drawn parallel with and distant 160' N. measured at right angles from . the S. line of Lot 10, Block 4, Brookline First Addn. 5236-38 France Avenue S. Lot 10, Block 1, South Harriet Park II Addn. 5232 France Avenue S. Lot 8, Block 1, South Harriet Park I1 Addn. 5240-42 France Avenue S. Lot 11, Block 1, South Harriet Park I1 Addn. 5500-04 France Avenue S. Lot 1, Block I, Beard's Elmwood Terrace 5506-08 France Avenue S. Lot 2, Block 1, Beard's Elmwood Terrace 5516-20 France Avenue S. - Lot 3, Block 1, Beard's Elmwood Terrace 5503 France Avenue S. Lot 4, Block 5, Woodbury Park 5715-17 France Avenue S. That part of Lot 11lying N. of a llne drawn parallel with and distant 80 feet N. measured at right angles from the S. Line of Lot 10, Block 4, and all that part of 'Lot 12 lying S. of a line drawn parallel with and distant 160 feet N. measured at right angles from the S. line of Lot 10, all in Block 4, Brookline First Addn. Lot 10, Block 4, Brookline First Addn. Lot 8, Parcel 8000, Edina Bel Air 4th Lot 7, Parcel 7000, Edina Bel Air 4th Lot 1, Block 1, Evereth Lot 2, Block 1, Evereth Lot 3, Block 1, Evereth Lot 4, Block 1, Evereth Lot 2, Block 1, Lake Pamela Lot 10, Block 1, Edina Bel Air 6th Lot 9, Block 1, Edina Bel Air 6th Lot 1, Block 1, Farmer's First Addn. Lot 5, Block 1, Lake Pamela Lot 4, Block 1, Lake Pamela Lot 1, Block 1, Engelhart Addnz Lot 2, Block 1, Engelhart Addn. Lot 2, Block 1, Farmer's First Lot 3, Block 1, Farmer's First Lot 4, Block 1, Farmer's First Lot 1, Block 1, Gary's Addn. Block 1, Parcel 6010, Gary's Addn. Lot 3, Block 1, 0. B. Erickson!s Addn. Lot 2, Block 1; Hippe's France Ave. Addn. Lot 1, Block 1, Flo's Addn. Lot 2, Block 1, Flo's Addn. Lot 4, Block 3, Katter's Addn... 5721-23 France Avenue S. 6005-07 France Avenue S. 6009-11 France Avenue S. 6013-15 France Avenue S. 6017-19 France Avenue S. 6021-23 France Avenue S. 6025-27 France Avenue S. 6112-14 France Avenue S. 6113-15 France Avenue S. 6117-19 France Avenue S. 6129-31 France Avenue S. 6124-26 France Avenue S. 6120-24 France Avenue S. 6121 France Avenue S. 6125-27 France Avenue S. 6201-03 France Avenue S. - 6205-07-France.Avenue S. 6209-11 France Avenue S. 6212-14 France Avenue S. 6216-18 France Avenue S. 6221-23 France Avenue S. 6224-26 France Avenue S. 6228-30 France Avenue S. 6232-34 France Avenue S. 6225-27 France Avenue S. 6217-19 France Avenue S. .* Lot 4, Block 1, 0. B. Erickson Addn. 11/16 / 5 I. 6200-02 France Avenue Lot 1, Block 1, 6304-08 France Avenue Lot 1, Block 1, 6312-14 France Avenue Lot 2, Block 1, 6316-18 France Avenue Lot 3, Block 2, 6108-10 France Avenue Lot 1, Block 1, 6116-18 France Avenue Lot 3, Block 1, 6208-10 France Avenue Lot 3, Block 1, 6213-15 France Avenue Lot 1, Block 1, 6229-31 France Avenue Lot 3, Block 3, GRANDVIEW- LANE. 5200-02 Grandview Lane S. Hippe's France Ave, I1 Addn. S* Replat Blk, 1, Peacedale SO Replat Blk, 1, Peacedale S* Replat Blk. 1, Peacedale S. Lake Pamela S. take Pamela S. Hippe's France Ave, I1 Addn, S, Ruby Addn. S* Katter's Addn. Lot 1, Block 2, Replat Grandview Plateau Lot 1, Block 1, Replat Grandview Plateau Lot 2, Block 2, Replat Grandview Plateau Lot 3, Block 2, Replat Grandview Plateau Lot 3, Block I., Replat Grandview Plateau Lot 4, Block 2, Replat Grandview Plateau Lot 4, Block I, Replat Grandview Plateau Lot 5, Block 2, Replat Grandview Plateau Lot 5, Block 1, Replat Grandview Plateau Lot 6, Block 1, Replat Grandview Plateau Lot 6, Block 1, Replat Grandview Plateau 5201-03 Graqdyiew Lane 5204-06 Grandview Lane 5208-10 Grandview Lane 5209-11 Grandview Lane 5212-5214 Grandview Lane 5213-15 Grandview Lane 5216-18 Grandview Lane - T217-19 Grandview Lane 5220-22 Grandview Lane 5221-23 Grandview Lane ~. HALIF- - 6332-34 Halifax Avenue Lot 3, Block 1, Peacedale Acres, Hoppe Replat LYNMAR LANE- 7005-07 Lynmar Lane Lot 3, Block 2, Stow's Edgemoor Lot 6 and S. 4' Lot 5, Block 2, Stow's Edgemoor Lot 2, Block 2, Stow's Edgemoor 7019-21 Lynmar Lane 7001-03 Lynmar Lane PEACEDALE AVENUE, 6328-30 Peacedale Avenue Lot 6, Block 1, Nelson & Woodhull's I1 Addn. _RICHMOND CIRE 5108 Richmond Circle Lot 6, Block 1, Richmond Hills Lot 5, Block 1, Richmond Hills Lot 3, Block 1, Richmond Hills 5112-14 Richmond Circle 5120-22 Richmond Circle RICHMOND DRIVE- 5124-26 Richmond Drive Lot 2, Block 1, Richmond Hills Lot 1, Block 1, Richmond Hills 5128-30 Richmond Drive 5132-34 Richmond Drive Lot 1, Block ROLF AVENUE 6424 Rolf Avenue Lot 7, Block sT,. JOHN' s AVENUE 6031-33 St. John's Lot 9, Block 4, Richmond Hills 10, Normandale 11 Addn, Avenue 1, Valley View Terrace 269 11/16/64 . VALLEY VIEW ROAD 4204-06 Valley View Road 4208-10 Valley View Road 4209-11 Valley View Road 4212-14 Valley View Road 4213-15 Valley View Road 4217-19 Valley View Road 4221-23 Valley View Road 4225-27 Valley View Road 4228-30 Valley View Road 4232-34 Valley View Road 4236-38 Valley View Road 4216-18 Valley View Road 4220-22 Valley View Road 4516-18 Valley View Road Lot 6, Block 1, Nelson & r.loodhull's I Addn. Lot 5, Block 1, Nelson E Woodhull's I Addn. Lot 1, Block 1, Clifton Terrace. Lot 4, Block 1, Nelson E Woodhuil's I Addn. Lot 2, Block 1, Bing's First Lot 1, Block 1, Bing's First Lot 2, Block-1, Pfaff *First Lot 1, Block 1, Pfaff First Lot 1, Block 1, Mik's Addn. Lot 3, Block 1, Woodhull's Addn. . Lot 2, Block 1, WOOdhUll'S Adha .-* Lot 3, Block 1, Nelson E Woodhull's I Addn. Lot 2, Block 1, Nelson E Woodhull's I Addn. Lot 10, Block 1, Valley View Terrace I31 Addn. VIEW L-mE . . rm5809'View Lane *- Lot 9, Block 2, Parkwood lholls 8th Addn, Lot 6, Block 4, Parkwood Knolls llth Addn. 5812-14 View Lane WASHINGTON AVENUE 301-03 Washington Avenue 305-07 Washington Avenue 309-11 Washington Avenue 313-15 Washington Avenue 317-19 Washington Avenue 603 Washington Avenue SCHAEFER ROAD 5808-10 Schaefer Road 5809-11 Schaefer Road STREETS 3928-30 West 49th Street 3932-34 Best 49th Street 3935-37 West 49th Street 3936=38 West 49th Street 3940-42 Nest 49th Street Lots 24, 25, Block 8, West Mpls, Heights Lot 8, Parcel 3927, West Hpls. Heights Lot 21, Block 8, West Mpls. Heights Lot 19, Block 8, West Mpls. Heights Lot 17, Block 8, West Mpls. Heights.# Lot 1, Parcel 4000, R.L.S. #246, Tract A a Lot 8, Block 2, Parkwood Knolls 8th Addn. kt 17, Block 1, P~kwood Knolls 8th Ad&. Lot 1, Block I, Enoch Sward Lot 2, Block 1, Enoch Sward Lot 2, Parcel 4000, Allata's First Addn. Lot 3, Block 1, Enoch Sward Lot 19, Parcel 1251, Aud. Subd. 172 3941-43 West 3949-51 West 4001-03 \est 4005-07 West 4009-11 West Lot 3, Lot 2, Lot 1, t/ Lot 2, Lot 3, 49th Street Parcel 6000, Allata's First Addn. 49th Street Block 1, V. H. Adams Addn. 49th Street Block 1, Replat Lund Kruse Addn. 49th Street Block 1, Replat Lund Kruse Addn. 49th Street Block 1, Replat Lund &use Addn. 4111 West 60th Street Block 1, Parcel1500, Steven's First Addn. 11/16/64 2 7 :!! 4209-11 West 50th Street 4213-15 West 50th Street Block 2, Parcel 6000, Steven's First Addn. Lot 3, Block 2, Steven's First Addn. 3621-25 West 54th Street 3617 West 54th Street Block 2, Parcel 2350, Ivandale Park Block 2, Parcel 2036, Ivandale 3813-15 West 60th Street Lot 9, Parcel 9000, Edina Bel Air 4th HIGHWAY 169 E 212 6300-04 Highway 169 E 212 5201-03 West 48th Street Lot 4, Parcel 2000, Edina Terrace 3925-27 West 49th Street Lot 1, Parcel 2000, Allata's First XERXES AVENUE 5400 Xerxes Avenue Block 1, Parcel 50, Seeley's First Addn. 6310-12 Xerxes Avenue Block 1, Lot 1, Xerxes Avenue Addn, 6316-18 Xerxes Avenue Lot 2, Block 1, Xerxes Avenue Addn. 6322-24 Xerxes Avenue Lot 3, Block 1, Xerxes Avenue Addn, 6330-32 Xerxes Avenue Lot 4, Block I, Xerxes Avenue Addn, 6338-40 Xerxes Avenue Lot 5, Block 1, Xerxes Avenue Addn. 6344-46 Xerxes Avenue Lot 6, Block 1, Xerxes Avenue Addn, 6400-02 Xerxes Avenue Lot 1, Block 2, Xerxes Avenue Addn, 6408-10 Xerxes Avenue Lot 2, Block 2, Xerxes Avenue Addn. 6414-16 Xerxes Avenue Lot 3, Block 2, Xerxes Avenue Addn, 6420-22 Xerxes Avenue Lot 4, Block 2, Xerxes Avenue Addn. 6426-28 Xerxes Avenue Lot 5, Block 2, Xerxes Avenue Addn. 6432-34 Xerxes Avenue Lot 6, Block 2, Xerxes 'Avenue Addn. 6438-40 Xerxes Avenue Lot 7, Block 2, Xerxes Avenue Addn. 6444-46 Xerxes Avenue Lot 8, Block 2, Xerxes Avenue Addn. 6500-02 Xerxes Avenue Lot 8, Block 2, Xerxes Avenue Addn. 6300 Xerxes Avenue Commencing at the NE corner of Lot 5, Cassin's Outlot, thence S. 130 feet; thence W. 220.79 feet; thence N. 130 feet; thence E. 221410 feet to beginning. 4 I Lot ?, Biock 4, Parkwood Knolls 11th Addn. Lot 8, Block 4, Parkwood KnoSlLs 6808-10 Highway 169 E 212 "(b) District R-3 5148 Hankerson Avenue - 4 units 4240 Valley View Road - 4 units 4121 West 50th Street - 9 units Lots 10, 11, 12, Block 9, Brookside Heights The Westerly 200 feet of Lot 4, Block 2, Peacedale Acres. Lot 3 and the West 60 feet of Lot 2, Block 1, Steven's First Addn. 4200-02-04 West 64th Street - 3 units Lot 2 , Block L, Cli-ton Terrace 4000 Mavelle Drive - 4 units Lot 3, Block 1, Rearrangement of Lot 1, Block 2, Stow's Edgemoor Addn. 11/16 L64 4200-02 Valley View Road - 4 units Lot 7 and the Southerly 7.4 feet of Lot 6, Block 1, Nelson E Woodhull's I Addn, The West 130 feet of Lot 4, Block 1, Stow's Edgemoor Addition, Block 9 Replat, and that part of Lot 3, Block 1, Stow's Edgemoor Addition, Block 9 Replat, lying Northwesterly of a line rhnning from a point on the Southwesterly line of said Lot 3, 45 feet Southeasterly from the Northwest corner. thereof as measured along said Southwesterly line, to a point on the North line of said Lot 3, 130 feet East from the Northwest corner thereof. The West 100 feet of the East 244 feet of the South 150 feet of Lot 18, Block 1, South Harriet Park I1 Addition. Lot 1, Block 1, Hippe's Pamela Terrace Lot 1, Block 1, Victorsen's Valley View 7101 Lynmar Lane - 4 units I 3908 West 54th Street - 4 units 6201 Brookview Avenue - 5 units 4301 Valley View Road - 8 units "(c) District R-4 R.L,S; fl081, Tracts A, B, C. 6005 Eden Prairie Road - R.L.S, #1081, Tract C - 19 units 7000 Sandell - 18 units Lot 1, Block 1, Rearrangement of Lot 1, Block 2, Stow's Edgemoor Addn. Lot 2, Block 1, Rearrangement of Lot 1, Block 2, Stow's Edgemoor Addn, Lot 3, Block 1, Stow's Edgemoor Addition, Block 9 Replat, excluding the following described pontion lying northwesterly of a line running from a point on' the SouthwesterLy line of said Lot 3, 45 feet Southeasterly from the Northwest corner thereof as measured along said Southwesterly line, to a point on the North line of said Lot 3, 130 feet East from 7008 Sandell - 11 units 4000 Hazelton Road - 15 units \I I / the Northwest corner thereof. 4001 Havelle Drive - 11 units That part of Lot 4, Block 1, Stow's Edgemoor Addition, Block 9 Replat, lying East of the West 130 feet. Commencing 155 feet S. of the NE Corner of Section 19, Twp. 28, R. 24; thence S. to the SE Comer of the N 1/2 of the NE l/4 of the NE 1/4 of the NE 1/4; thence Westerly 170 feet; thence N. to a point 155 feet S. and 170 feet West of the NE Corner of Sec. 19; thence East to point of beginning except road, N. 100 feet of Lot'18, Block 1, South Harriet Park I1 Addition. Lot 1, Block 2, Town Realty's Edina Terrace I11 Addn. The East 440 feet of the South three chains ofthe North 1/4 of the NW 1/4 of Section 29, Twp. 28, RI 24. 5412 France Avenue - 11 units 5330 France Avenue S. - 11 units 3201 Heritage Drive - 21 units 3117-3111-3105 Heritage Drive - 33 units The N. 462 feet of the East 536.67 feet of the NE 1/4 of the Nw . 1/11 of Sec. 29, Twp. 28,.R. 24, Lot 1, Block 1, Southdale Acres. Those portions of Lots 1 and 2, Block 2, Southdale Acres lying Northerly and Westerly of the following described lhe: 'Beginning at the Northeast corner of said Lot I, thence North along the East liine of said Lot 2, 129.43 feet,.thence deflecting 90 degrees No Minutes 49 Seconds to the left and running Westerly 416.63 feet, thence South at right angles 281 feet, thence East, at right angles 60 feet, thence South at right angles 130.57 feet to a point in the Southwesterly line of said Lot 1'. Cassin's Replat: Lots 1, 2, 3, Block 1 Lots 1, 29 5, 6, 7, 8, 9, Block 2. "(d) District R-6 Lots 1 and 2, Block 1, Town Realty's Edina Terrace I11 Addition. 11/16/64 Section 2. This Ordinance shall become effective immediately upon its passage and publication. Motion for adoption of the Ordinance, as submitted, with waiver of Second Reading was seconded by Mr. VanValkenburg. On Rollcal COUNCIL GRANTS VA-RIANCE TO ALLOW R2 LOTS OF LESS THAN 12,000 SQ, FT. submittedyMr. Fellman was accepted, with the variance allowing R-2 lots of less than 12,000 square feet. The plat LOT DEPTH VARIANCE, LOT 24, BLOCK 1, CO-DES HIGHVIEW-PARK CONTINUED TO PECEMBER 7. Clerk read affidavits of publication of Notice. Kalph Kiichli, petitioner, desired to divide Lot 24, Block 1, Codes Highview Park, to result in two lots. fourteen feet less than the required 120 Eeet. Kiichli desired a variance-on this depth. Mr. Norman Densmore, 5805 Bernard Place, who resides next to the lot Kiichli proposed to divide spoke against the request. Densmore's home, on the west half of Lot 23, would be very close to any home on the west half of Lot 24. Moreover, if the home were built facing Bernard Place the setback would not be as great as Densmore's home. hearing be continued to December 7 to allow consideration by the two parities on some other alternative, such as transfer of property, which would eliminate the need for a variance, carried. Mr. Hite explained the request. The East portion of the lot would have a depth of 106 feet, If the lot were divided Mr. Rixe moved that the VanValkenburg seconded the motion and the motion was PUBLIC HEARING ON. PROPOSED AMENDMENT TO THE PLANNED. INDUSTRIAL DISTRICT ORDINANCE, Clerk read affidavits of publication and posting of Notices. explained that this addition to the Planned Industrial District Ordinance will clarify certain accessory uses permitted in the District. following Ordinance and moved its adoption, with waiver of Second Reading: Manager Hyde Tupa offered the ORDINANCE NO. 261-103 AN ORDINANCE AMENDING ORDINANCE NO. 261 VILLAGE ZONING ORDINANCE, PLANNED INDUSTRIAL SECTION* BY ADDING CERTAIN ACCESSORY USES, THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section._l. Sub-section (3) of Sub-paragraph (b) of Paragraph 3 of Section 12 of Ordinance 261, as amended, is hereby further amended to read as follows : Warehousing of products not manufactured on the premises of the principal use , provide(!fhat products warehoused are either owned by or consigned to the owner of the principal use, and Turther provided that the gross flaor area devoted to warehousing does not exceed ten times the area devoted to the principal uses and all permitted acces'sory uses." "(3) and adding to Sub-paragraph (b), Paragraph 3, the following Sub-section: was seconded by MacMillan. follows,: and the Ordinance was adopted. PUBEIC, HEARINGS., ON. PROPOSED- IMPROVEMENTS in the Edina-Norningside Courieryn November 5 and 12, 1964, of Notice of Public Hearing, and Affidavit of Posting on three Village bulletin boards on November 5, 1964, of same Notice of Public Hearing. Affidavits were approved as to form and ordered placed on file, and pursuant to due notice given, Public Hearings were conducted on the following proposed improvements, and action was taken by Council as hereinafter recorded: I. CONSTRUCTION OF TRUNK AND LATERAL WATERMAIN in Division Street, Rutledge proposed to be assessed against 277 buildable lots for trunk assessment of $100.00 each, and 172 connections for lateral assessment of $336.20 each. of the area expressed their desire to be presented estimates on Lateral service for the entire trunk area, for hearing in the near future, that a hearing date be set was seconded by Rixe and unanimously carried. Resolution Providing Public Hearing later in meeting.) . 11. from Crescent Drive to 391 feet East. proposed to be assess& On Rollcall, there were five ayes and no nays, as. MacMillan , aye ; Rixe , aye ; Tupa, aye ; VanValkenburg , aye ; Bredesen 3 aye ; Clerk presented Affidavit of Publication ,Avenue, Motor Street, Brookside Avenue. TOTAL ESTIMATED COST was read as $85,526.74, Several residents MacMillan's motion (See CONSTRUCTION OF SANITARY SENER LATERAL AND APPURTENANCES in Benton Avenue against five lots at an estmated cost Per connection TOTAL ESTIMATED COST was read as $11 291.59, 274 f 11/16/64. of $1,129.16 (two connections per lot), MacMillan moved for approval of improvement as submitted. and unanimously carrked. 111. CONSTRUCTION OF LATERAL FIATERMAIN AND APPURTENANCES in Benton Avenue from Crescent Drive to East line of Lot 29, Warden Acres. read as $4,725.70, proposed to be assessed against five lots at an estimated cost per connection of $472.57 (two connections per lot). registered, Tupa moved for approval of improvement as presneted, Motion seconded by MacMillan and unanimously carried. (See Resolution Ordering Improvement later in meeting.) - IV . Parkway from Interlachen Boulevard to 200 feet North.' TOTAL ESTIMATED COST Was read as $5,043.96 to be assessed against three lots at $1,681.32. requested permission to negotiate for the completion of this project with %he contractor presently working in the'area, providing the cost does not exceed $5,000,00. improvement as presented. carried. V. Skyline Drive to cul-de-sac, "TOTAL ESTIMATED COST was read as $4,146-58. to be assessed against two lots at $2,073.29 per lot. to the project, PlacMillan moved its acceptance as ,presented, and the motion was unanimously carried. in meeting,) VI. Sally Lane; Sally Lane from 120 feet South of Samuel Road to 360 feet North of Samuel Road; West Trail from County Road 18 to Iroquois Trail;.Iropuois Trail from West Trail to 754 feet North; Iroquois Trail from Best Trail to East Iroquois Trail; Mohawk Trail from East Iroquois Trail to 292 feet North. TOTAL ESTIMATED COST was read as $66,980.93 to be assessed against 47'assessable connections at $1,425 , 13 per connection. with Indian Hills lots on this project because the Indian Hills lots are larger and involve deeper digging, thereby raising the cost to the Ker-Mil Heights properties. I-lrs. Robert Pugh, 6624 Nohawk Trail, stated objection to the inclusion of Mohawk Trail because no properties on that street are experiencing sewage problems. Messers Herkey and Gould, presently constructing new homes on Iroquois Trail, stated their favor of the project.' No further discussion being offered, VanValkenburg moved acceptance of the project, excluding Iroquois Trail from West Trail to East Eroquois Trail and Mohawk Trail from East Iroquois Trail to 292 feet North. seconded by Tupa and unanimously carried, in meeting.) VII. CONSTRUCTION OF LATERAL SANITARY SEWER AND APPURTENANCES in Pine Grove Road from West Highwood Drive to 795 feet East. to be assessed against nine assessable lots at $1,002.73 per lot. There being no objections to the proposed project, MacMillan moved its acceptance as presented. Tupa seconded and the motion was carried unanimously, Improvements Later in meeting. ) VIII. Drive to 800 feet east. against twelve lots at $625.58 per lot. objected Zo widening Pine Gro've Road and to the extensive surfacing proposed. VanValkenburg moved that thebroject be rejected, but that the road work included in the Pine Grove Road Sanitary Sewer project be expandedcbeyond normal surface restoration. Tupa seconded apd the motion was carried unanimously. IX. CONSTRUCTION OF LATERAL SANITARY SEWER AND APPURTENANCES in Cahill Road from Dewey Hill Road to 1812 feet North; Yosemite Avenue from Cahill Road to 340 feet East of Cahill Road and 2,268 feet North of Dewey Hi11 Road. was read as $34,292 -93 to be assessed against 1,530,445 square feet at $0.0224 per square foot. acceptance of the project as presented. €4acMillan seconded and the motion was adopted unanimously. (See Resolution Ordering Improvements later in Meeting,) X. Dewey Hill Road to 1792 feet North; Yosemite Avenue from Cahill Road to West 70th Street, There being no objections registered, Motion seconded by Tupa (See Resolution Ordering Improvement later in meeting.) TOTAL ESTIMATED COST was there being no objections CONSTRUCTION OF LATERAL SANITARY SEWER AND APPURTENANCES in Rolling Green Mr. Hite ~ There being no objections, MacMillan moved for approval of the Tupa seconded the Motion, and it was unanimously (See Resolution Ordering Improvement later in meeting.) CONSTRUCTION OF LATERAL SANITARY SEWER AND APPURTENANCES in East Road from Cost There being no objections VanValkenburg seconded (See Resolution Ordering Improvement later CONSTRUCTION OF LATERAL SANITARY SEWER in Samuel'Road from County Road 18 to Residents of Ker-Mil Heights objected to being included Hotion (See Resolution Ordering Improvement later TOTAL ESTIMATED COST was read at $9,024.58, (See Resolution Ordering CONSTRUCTION OF GRADING AND GRAVELING in Pine Grove Road from West Highwood TOTAL ESTIHATED COST was read as $7,506.94 to be assessed Messers Lewis Bonn qd'K, Paul Carson TOTAL ESTIMATED COST NG objectiops being voiced against the proposal, Rixe moved CONSTRUCTION OF LATERAL WATERMAIN AND APPURTENANCES in Cahill Road from TOTAL ESTIMATED COST was read as $35,574.29 to be assessed against 1,396,645 square feet at $0.0255 per square foot. There being no proposal, MacMillan moved acceptance of the project as presented. and the motion was carried unanimously, (See'Resolution Ordering later in meeting.) . RESOLUTION PROVIDING FOR PUBLIC HEARINGS ON PROPOSED WATERMAIN AND STEET IMPROVEMENTS BE IT RESOLVED by the Council of the Village of Edina: I I objections to I Improvements Rixe seconded 1. The Village Engineer, having submitted to the Council a prehiminary report as to the feasibility of the proposed TRUNK AND LATERAL WATERMAIN, BITUMINOUS SURFACE REPLACEPIENT, BITUMINOUS SURFACE AND CONCRETE CURB AND GUTTER REPLACEMENT, AND OIL STAB.~IZED BASE AND CONCRETE CURB AND GUTTER REPLACEMENT IMPROVEMENTS, described 11/16/e4 73 313 8 in the form of Notice of Hearings set forth below, and as to the estimated cost of such improvements, said report is hereby.approved and directed to be pIaced on file in the office of the Village Clerk. This Council shall meet on Monday, December 7, 1964, at 7:OO P.M., in Edina Village Hall to consider in public hearings the views of all persons interested in said proposed improvements. The Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said megting to be published in the official newspaper once a week for two successive weeks, the second of which publication is *to be not less than three days from the date of said meeting,'and to mail notice to owners of affected properties not later than ten days before date of said meeting, which notice shall be in substantially the following form: 2. 3. NOTICE OF PUBLIC HEARINGS TRUNK AND LATERAL WATERMAIN, BITUMINOUS SURFACE REPLACEMENT, BITUMINOUS SURFACE AND CONCRETE CURB AND GUTTER REPLACEMENT, AND OIL STABILIZED BASE AND CONCRETE . CURB..AND GUTTER REPLACEMENT I EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on bIondav. December 7. "- 1964, at 7:OO 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 are estimated by the Village as set forth below: THERETO AND APPURTENANCES, AND LATERAL WATERMAIN AND APPURTENANCES IN THE FOLLOWING: 1. CONSTRUCTEON OF VILLAGE TRUNK WATERMAIN AND APPURTENANCES. LATERAL CONNECTIONS Breokside Ave. from W. 49th St. to 300' N. of W. 44th St. Division St. from Brookside Ave. to 163' W. of Oxford Ave. Motor Street from Brookside Ave. to Rutledge Ave. W. 44th St. from Brookside Ave. To Thielen Ave. Thielen Ave. from W. 44th St. to dead end, Rutledge Ave. from Division St. to 200' S. of High Street Cleveland Ave. from Division St. to Hollywood Rd. Vandervork Ave. from Division St, to Hollywood Rd, Oxford Ave. from Division St. to Hollywood Rd. Cleveland Ave. from Division St. to 300' North High St. from Brookside Ave. to Rutledge Ave. 2. CONSTRUCTION OF BITUMINOUS SURFACE REPLACEMENT IN THE FOLLOWING STREET: Oxford Ave. from Divisipn St. to Hollywood Road ESTIMATED COST $ 3,443.44 3. CONSTRUCTION OF BITUMINOUS SURFACE AND CONCRETE CURB AND GUTTER REPLACEMENT Thielen Ave. from W. 44th St. to North Village Limits ESTIMATED COST $108,353.98 IN THE FOLLOWING STREET: ESTIMATED COST $ 5,096.53 4. CONSTRUCTION OF OIL STABILIZED BASE AND CONCRETE CURB AND GUTTER REPLACEMENT IN THE FOLLOWING STREET: Vandervork Ave. from Division St. to Hollywood Rd. The area proposed to be assessed for the cost of the proposed Trunk Watermain ESTIHATED COST $ 2,817.36 under No. 1 above includes all lots and tracts of land within the following described boundaries: Commencing at the northeast corner of Lot 9, Aud. Sub. No. 176; thence south along the east lot lines of Lot 9, Aud. Sub. No. 176 and Lots 19 thru 11, Thielen's Brookside Addition to the center line of W. 44th St. thence east along the center line of W. 44th St. to the east line of Lot 1, Block 4, Arden Park 3rd Addition extended northerly; thence southerly to the southeast corner of said Lot 1; thence southerly along the west line of Minnehaha Creek to the southeast corner of Lot 35, Brookside Terrace; thence west along the south line of said Lot 35 to the east right-of-way line of Brookside Ave,; thence south along the east right-of-way line of Brookside Ave, to the south line of Edina Terrace extended east; thence west along the south line of Edina Terrace to the southwest corner of Lot 17; thence north along the west line of Lots 17, 16 and 15. to the southeast corner of Lot 9, Limback Addition; thence west along the south lines of Lots 9 thru 5, Limback Addition and Lot 2, Block 5, Beverly Hills Addition to the sbuthwest corner of Lot 2, Block 5, Beverly tiills Addition; thence north along the west line of Lot 2, Block 5 and Lot 1, Block 3, Beverly Hills Addition to the northwest corner of Lot 1, Block 3, Beverly Hills Addition thence west along the north line of Beverly Hills Addition to the northwest corner of Beverly Hills Addition; thence north along the west line of Sec, 28, T. 117, R. 21to the southwest corner of Lot 1, Block 1, Replat of Block 2, Emma Abbott Park; thence east 164 feet; thence north at right angles LOO feet; thence northeasterly to a point in the south line of Block 16, Emma point being 173.5 feet east of the west line thereof; thence north 173.5 feet east of and parallel to the west line of said Block 16, Emma Abbott Park to the north line of said Block 16; thence northwesterly along the north line of said Block 16 to the west line of Sec. 28, T. 117, R. 21; thence north along Edina Terrace Abbott Park said 276 ( 11/16/64 said west line of Sec. 28, T. 117, R. 21to the northwest corner tnereof; thence east along the'north line of Sec. 28, T. 117, R. 21to point of beginning. The area proposed to be assessed for the cost of the proposed lateral watermain under NO, 1 above includes Lots 5, 6, and 7, Edina Terrace; Lot 1, Block 1, Paul E. Olson E Son Inc, Subdivision; Lots 4 thru 8 incl., and Lots 11 thru 24 incl., Brookside Terrace; Lots 1 and 2, Block 1, Replat of Lots 9 and LO, Brookside Terrace; Lots lthru 20 incl., Thielen's Brookside; Lots 7 and 8, Aud. Sub. No. 176; Lots 1, 2, and 3, Block 4, Arden Park 3rd Addn,; Lots 3, 2, and 3 and 7, Block 13, Lots 8, 9, 10 and 11, Block 15, Lots 13 thru 24 incl., Block 4, Lots 1 thru 24 incl., Block 3, Lots 1 thru 24 incl., Block 2, Cleveland's Subdivision of Emma Abbott Park; Lots 1 thru 5 incl., Block 1, Replat of Block 1 Cleveland's Subdivision of Emma Abbott Park; E 1/2 of Block 16, Cleveland's Subdivision of Emma Abbott Park; Parcels No, 430, No. 310, No. 320, No. 5000, No. 5200, No. 5400, No. 6400 and No. 7000, Sec, 28, T. 117, R, 21; Blocks 20 and 21, Emma Abbott Park; Park Property - Blocks 13, 14 and 15, Emma Abbott Park. The area proposed to be assessed for the cost of the proposed Bituminous Surface R Replacement under 2 above includes Lots 1, 2, 3, 4, and 5, Replat of Block 1, Emma Abbott Park; Lots 13 thru 24 incl,, Block 2, Cleveland's Subdivision of Emma Abbott Park; and Pareel No. 430, Sec. 28, T. 117, R. 21. The area proposed to be assessed for the cost of the proposed Bituminous Surface and Concrete Curb and Gutter Replacement under No. 3 above includes Lots 1 thru 20 incl., Thielen's Brookside. The area proposed to be assessed for the cost of the proposed Oil Stabilized Base and Concrete Curb and Gutter Replacement under No. 4 above includes Lots 1 thru 12 incl., Block 2, and Lots 13 thru.24, incl., Block 3, Cleveland's Subdivision of Emma Abbott Park. I GEORGE A. LANGMACK by Tupa Vi'llage Clerk &Iotion/for adoption of the Resolution was seconded were five ayes and no nays, as follows: MacM VanValkenburg, aye; Bredesen, aye; and the Re e, and on Rollcall there *X/// Clerk VanValkenburg then offered the fohing Resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS SANITARY SEWER IMPROVEMENT NOS.: 2%; 226; 227; 228; 229; 230; AND I WATERNAIN IMPROVEMENTS NOS. : 189 ; 190 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused Notices of Hearings to be duly published on the following improvements: Avenue from Crescent Drive to 391 feet East; from Crescent Drive to East line of Lot 29, Warden Acres; Green Parkway from Interlachen Boulevard to 200 feet North; from SkylZne Drive to cul-de-sac; from County Road 18 to Sal1y;Lane; Sally Lane from 120 feet South of Samuel Road to 360 feet North of Samuel Road; West Trail from County Road 18 to Iroquois Trail; Iroquois Trail from West Trail to 754 feet North; Road from 17est Highwood Drive to 795 feet East, expanded to include street base widening and replacement not included in original estimate; CONSTRUCTION OF LATERAL SANITARY SEWER AND APPURTENANCES in Cahill Road from Dewey Hill Road to 1812 feet North; Yosemite Avenue from Cahill.Road to 340 CONSTRUCTION OF LATERAL WATERMAIN AND APPURTENANCES in Cahill Road from Dewey Hill Road to 1792 feet North'; Yosemite Avenue from Cahill Road to - 17est 70th Street; and at the hearings 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 improvements; that said'improvements are hereby designated as follows: a, CONSTRUCTION OF SANITARY SEWER LATERAL AND APPUR!ZENANCES in Benton . .+-II. CONSTRUCTION OF LATERAL WATERMAIN AND APPURTENANCES ki Benton Avenue AII. JIV. CONSTRUCTION OF LATERAL SANITARY SEWER AND APPURTENANCES in Rolling CONSTRUCTION OF LATERAL SANITARY SEWER AND APPURTENANCES in East Road V, CONSTRUCTION OF LATERAL SANITARY SEWER IN THE FOLLOWING: Samuel Road VI, CONSTRUCTION OF LATERAL SANITARY SEWER AND APPURTENANCES in Pine Grove VII. feet east of Cahill Road and 2268 feet No@h of Dewey Hill Road; VIII. B I Above SANITARY SEWER IMPROVEMENT NO. 225 I1 Above 17ATERMAIN IMPROVEMENT NO , 189 111 Above SANITARY SEWER IMPROVEMENT NO. 226 IV Above SANITARY SEWER IMPROVEMENT NO. 227 V Above SANITARY SEWR IMPROVEFIENT NO, 228 73 11/16/64 VI Above SANITARY SEWER IMPROVEMENT NO. 229 VI1 Above SANITARY SEWER IMPROVEMENT NO, 230 VIII Above WATERMAIN IMPROVEMENT NO. 190 and shall be so designated in all future proceedings, the costs of the respective improvements shall be as follows: Acres . BE IT FURTHER RESOLVED that the areas proposed to be specially assessed for FOR SANITARY SEWER IMPROVEMENT NO. 225 - Lots 29, 30, 31, 32 and 39, Warden FOR WATERMALN IMPROVEMENT NO. 189 - Lots 29, 30, 31, 32 and 39, Warden Acres, FOR SANITARY SEWER IMPROVEMENT NO. 226 - Lot 6, Block 1, Carlson's Park; Part of Lot 24, Parcel 2910, Rolling Green Addition; Part of Lot 24, Parcel 2928, Rolling Green Addition. FOR SANITARY SEWER IMPROVEMENT NO. 227 - Lots 26 and 27, Skyline Addition. FOR SANITARY SEWER IMPROVEMENT NO. 228 - Lots 1 and 2, Block 1; Lots 1 through 7, Block 2; Lots 1 through 13, Block 3; Lots 1 through 7, Block 4; and Lots 1 and 2, Block 5; Ker-Mil Heights Addition; Lots 8 through 12, Block 8; Lots 2 through 6, Block 9; and Lot 1, Block LO; Indian Hills Addition. FOR SANITARY SEWER IMPROVEMENT NO, 229 - Lot 1, Block 1; Lots 1 through 5, Block 2; Idylwood 6th Addition; Parcel 7000, Section 32, Township 117, Range 21; Parcel 3800, Section 29, Township 117, Range 21. Block 2; Amundson's Terrace; Parcel 2000, East one-half of Parcel 2900, Parcel100 West of Railroad, Parcel 4910 West of Railroad, Section 8, Township 116, Range 21. Parcel 2000, Parcel 100 West of Railroad, Parcel 4910 West of Railroad, Section 8, Township 116, Range 21. there were five ayes and no nays, as follows e, aye; Tupa, aye; VanValkenburg, FOR SANITARY SEWER IMPROVEMENT NO. 230 - Lots 1 and 2, Block 1; Lot 1, FOR WATERMAIN IMPROVEMENT NO, 190 - Lot 3, Block 2, Amundson's Terrace; Motion for adoption of Resolution was seconded by MacMillan, and on Rollcall aye; Bredesen, aye; and COUNCIL VACATES CAD,ILLAC DRIVE,FROM-VIEW L-ANE TO. WEST END. Publication and Mailing of Notices of Public Hearing were presented by Clerk, approved as to form and ordered placed on file in the office of the Clerk. Mr. Harvey Hanson, representing developer Carl Hanson, requested that the Village retain title to the triangular strip of property presently held €or park purposes, which extends westward from the end of Cadillac Drive, so as not to cloud land titles of adjacent property, following Resolution and moved its adoption: Affidavits of Posting, There being no further discussion, Rixe offered the A A RESOLUTION VACATING .I A PORTION OF CADILLAC DRIVE' WHEREAS two weeks' published Notice and posted Notice of hearing to be held on November 16, 1964, at 7:OO P.M., on the proposed vacation of the street hereinafter described has been given and made, and a hearing has been held thereon by the Village Council; NOW, THEEFOE, be it resolved by the Village Council of the Village of Edina Minnesota, that that part of Cadillac Drive located between the North line of Lot 1, Block 4, and the South line of Lot 6, Block 2, and the South lhe of Outlot 1, Parkwood Knolls 11th Addition, all as platted and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, be and hereby is vacated . no nays, as follows: MacMillan, aye; Rixe, Bredesen, aye; and the Resolution was adopte ATTEST: Rixe's motion was seconded by Tupa, and on Rollcall there were five ayes and , aye; VanValkenburg, aye; GRANDVIEW LIQUOR STORE EQUIPMENT, FIXTURES AND SERVICES PURCHASED, Affidavits of Publication for Advertisement for Bids - Liquor Store Equipment, Fixtures E Services, November 9, 1964, being the Eollowing: Display Fixtures, Inc., $18,685,00, Manager Hyde polled the members of the Council concerning award of bids, Recommendation by Hyde was to Streater Fixtures, Inc., -for display shelving, counters, cordial and giftware section, warehouse and stockroom fixtures and equipment, conveyor system, shelving and cooler canopies for total award of $8,215.00; and to Display Fixtures, Inc. for walk-in cooler and wine room for $9,893.00; for a total award of $18,108.00. stating their approval and with no objections. of these bids be confirmed as presented by Manager. was carried. Clerk presented Manager presented bids received at 11:OO A.M. , Monday, Streater Fixtures, Inc., $17,833.00; Durigg the morning of November 10, 1964, The members of the Council wez?e polled via telephone, with all VanValkenburg moved that the award Rixe seconded and the motion 278 11/16/64 ,.....,.. 4 I COUNCIL GRANTS AUTHORITY TO ADVERTISE FOR BIDS ON ICE CUBE MAKER AND MERCHANDISER. Manager requested permission to advertise for bids on one ice cube maker and one cube merchandiser, for use in the Grandview Liquor Store. Tupa moved permission to so advertise be granted, seconded by axe and carried. COMNJNICATIONS ON ENGINEERING AND. PUBLI-C WORKS ACTIVITIES RECEIVED. Letters of appreciation were presented by Manager from Mrs. Charles F. Hansen, 5109 West 60th Street; Mr. D. J. Roell, 6000 Beard Avenue South; fib. Tom Theige, 4604 Hibiscus Avenue, complkmenting the cooperation, courtesy and quality of work performed by Village Engineering personnel and contractors. complaint from Pederson Dairy, Inc., 707 South Washington Avenue, regarding the persistent failure to have adequate pavement replacement on the firm's driveway since sanitary sewer excavation was made. the letters of compliment and agreed with the Manager that Mr. Hite and his department deserved a vote of con€idence for the past year's work. ordered placed on file with the affected departments. Also received was a letter of Council extended their concurrance with Letters were PETITIONS ECEIVED. Lane and lateral watermain extension in Thielen Avenue and West 44th Street from Thielen to Brookside were received and ordered placed on record and referred to Village Engineer for programming. Petitions for 1ateral.sanitary sewer extension in Margaret's PUBLIC fIEARINGS. SET. NNING COMMISSION ACTIONS. VanValkenburg moved that December 7, 1964, be set as the date of hearing on the fallowing: A. B. C. D. Reverse frontage request - Pow-Bel Construction Company Side yard variance - 5504 Oaklawn Avenue Side yard variance - 6925 Southdale Road Rezoning to Office Building and Parking Variance - Southwest corner of France Avenue and West 69th Street. Rixe seconded and the motion was carried. COUNCIL, ACCEPTS FINAL, PLAT. approved and accepted on Fiadfillan' s motion, seconded by VanValkenburg and carried . Final plat of Jones Park Addition, two lots, was .. "THE COLONY1' TMCT SIGN DISCUSSED. model of the tract sign for "The Colony,11 located north of Southdale, to be placed ai West 69th Street and Barrie Road. property the sign will be located was also presented. was too large. cooperation in reducing the size of the sign. MI?. Hite presented to the Council a proposed Objection by resident next to whose Council advised the sign Mr. Hite stated he would attempt to secure the developer's DAYTON DEVELOPHENT COMPANY'S FSQUEST TO, PLACE LOAN COMPANY OFFICE ON GROUND FLOOR OF SOUTHDALE MEDICAL,BUILDING. Development Company to allow Community 'Ceedit Company to use office space on the Mr. Hite presented the request from Dayton ground floor of the Southdale Medical. Center addition, permitted'in the Medical Building Zone. Community Credit presented themselves and stated that the loan firm was licensed by the Minnesota Commerce Commission. Rixe moved acceptance. The use is not specifically Representatives of the Dayton firm and There being no objection to the request, VanValkenburg seconded and the motion was carried. CLAIM FOR IMPROVEMENTS, PRESENTED. Armstrong, who owns a lot at Larkspur Lane and Normandale Road, claiming Village liability for cost of landscaping work. was told, assuming it was State property, to contact the State of Minnesota and that if the State rejected her claim to call the Village again. She apparently misunderstood that the Village would assume the work in the event the State refused. work was performed and the bill was sent to the Village offices. stated Mrs. Armstrong was advised that there was some question as to whether the Village could legally make payment, whether we authorized the work or not. Mrs. Armstrong was refusing to pay her water bill and, pending Council action at this meeting, the Water Department was to turn water service off on December 8, 1964. authorization was not given for the performance of the work. Wanager Hyde presented a letter from Mrs. George Mrs. Armstrong called the Village offices, I Mr. Hite -: I I Council agreed that the Village should not pay the bill on the basis that a.. . GRANDVIEW AREA IMPROVEMENTS PRESENTED - HEARING SCHEDULED. council tentatively . . scheduled hearing for various improvements.in the Grandview area for January 25, 1965. . Formal scheduling and notice will be acted upon in early January, 1965. HOPKINS . SE@R CONNECTION AG.EEMENT PROPOSALS REVIEWED. methods of contracting with the City of Hopkins to allow sanitary sewer connection with Edina. VanValkenburg moved that Hopkins officials be presented the proposal, with Edina action to be taken on December 7, 1964. was carried. Mr . Hite presented alternative MacMillan seconded and motion €@SOLUTION IWREAS, the Council has exaninedthe Affidavit of EhUy Bronson ifhich Affidavit was ordered filed with the minutes of this meeting; and WHEEUUS, the Council is satisfied as to the truth of the matters stated in such Affidavit;; and 'Fm, the Village Manager has advised the Council that the overtime refemed to in the Affidavit of Mrs. Bronson was necessary work authorized by him; and VHEIWS, the Council has been advised by the Village Attorney that it* is permissible to pay the estate of Gretchen S. Alden the sum of $799 , 20 based upon such Mf idavit . NOV, TJ33REFORE, Bl3 IT RESOLWED, that the Village Manager and the Village Treasurer - Finance Director pay the said sum of $799.20 to the estate of Gretchen S, Alden. STATET OF ItUNNESO'PA) COUXIX OF HENNEPiX) ) ss. Erii%X&- Rronson, being first duly smrn on oath, deposes and says that: L. I am now and for at least the last two yews have been the duly appointed and acting payroll clerk for the Village of Edina; 2. 1 tms familiax with the tmrking habits of Gretchen S. Alden who was the duly appointed and acting Village Clerk for the Village of Edina for at least the two years preceding her death on October 19, 1964; 3. In my- opinion, the said Gretchen S. Alden worked at least the following anounts of time in excess of 40 hours per week: (a) attendance at 26 council meetings during the year preceding her death at an average of 3 hours per meeting, including preparation for and discussions after such meetings ................. 78 hours (b) prepaxation for general election during Septeniber and October, 1964 .................. 50 hours (c) work in connection with issuance of licenses in April,1964. ................... .20hours 148 hours 4. On account of such overtime, said Gretchen S. Alden was en- titled to receive additional, pay based upon 13 times her regular hourly rate of $3.60 or a total of $799.20; 5. During her lifetime she was not paid any part of such over- time pay although she was entitled thereto and would have been paid it had she requested it. Subscribed and sworn to before me -- "C I_ .- t .. I. -, ... _. .. .. .- - .." -_ .i " .J I /TREASURERIS REPORT AND, LIQUOR.- forwarded to Council on NoGember 13, 1964, were approved and ordered placed on file. FINAL PAY FOR THE LATE MRS. GRETCHEN S, ALDEN, executed by the Village PayrolElerk, which follows, stating her familiarity with Nrs. Alden's working habits and verifying minimum amounts of overtime, heretofore uncompensated . STATE OF MINNESOTA) Manager Hyde presented an affidavit ) SS. 11/16/64 Emilie Bronson, being first duly sworn on oath, deposes and says that: 1. I am now and for at least the last two years have been the duly i appointed and acting payroll clerk for the Village of Edina; 2, I was familiar with the working habits of Gretchen S. Alden who was the duly appointed and acting Village Clerk for the Village of Edina for at least the two years preceding her death on October 19, 1964; 3, In my opinion, the said Gretchen S. Alden worked at least the following amounts of time in excess of 40 hours per week. (a) attendance at 26 council meetings during the year preceding her death at an average of 3 hours per meeting, including preparation for and discussions after such meetings . . '. . . . . . . 78 hours preparation for general-election during September and October, 1964 . . . . . , . . . . . . . . . . . . 50 hours work in connection with issuance of licenses in April, (b) (c) 1964 e e s e 020houPs 4, On account of such overtime, said Gretchen S. Alden was entitled to receive additional pay based upon 1 1/2 times her regular hourly rate of $3.60, or a total of $799.20; During her lifetime she was not paid any part of such overtime pay although she was entitled thereto and would have been paid it had she requested it. 5. (Signed) Emilie Bronson Emilie Bronson (Notarial Witness and Seal) Tupa then offered the following Resolution and moved its adoption: A RESOLUTION DIRECTING PAYMENT OF COMPENSATION FOR OVERTIME WORK TO- ESTATE OF GRETCHEN S, ALDEN WHEREAS, the Council has examined the Affidavit of Ernilie Bronson WHEREAS, theL.Council is satisfied as to the truth of the matters stated WHEREAS': the Village Manager has advised the Council that the overtime which Affidavit was ordered filed with the minutes 05 this meeting; and in such Affidavit; and referred to in the Affidavit of Mrs. Bronson was necessary work authorized by him; and is permissible to pay the estate of Gretchen S. Alden the sum of $799.20 based upon such Affidavit. Village Treasurer-Finance Director pay the said sum of $799.20 to the estatet 6f Gretchen S. Alden. Motion for adoption of Resolution was seconded there were five ayes and no nays , as follows : WHEREAS, the Council has been advised by the Village Attorney that it NOW, THEREFORE, BE IT RESOLVED, that the Village Manager and the kenburg, and on Rollcall , aye; Rixe, aye; Tupa, aye; 5 rJ 280 't k1/16/64 SUBDIVISION OF VILLAGE-OWNED LOTS WITHOUT PLATTING PERMITTED. Upon recommendation of Village Attorney, Tupa offered the following Resolution and moved its adoption: , A RESOLUTION APPROVING A DIVISION OF LAND ,UNDER ORDINANCE NO. 261 WHEREAS, the Village of Edina, Hennepin County, Ninnesota, is the owner of certain parcels of land by reason of tax forfeiture, which land is described as follows : Lots 11, 12, 13 and 14, Block 3, Brookview Heights 3rd Additdon, according to the plats thereof on file and of record in the office of the Registrar of Titles. in and for Hennepin County, Minnesota; and WHEREAS, the Village of Edina is desirous of subdividing the aforesaid WHEREAS, the division of the lots is to be made according to a.line drawn : lots; and from the most southerly corner of Lot 10 of said Block 3 to the Southwesterly corner of Lot 21, Block 7, Brookview Heights Second Addition, according to the recorded map or plat thereof; and of said Lots lying northerly of the aforesaid line and of retaining titalto that part of each of said lots lying southerly of the aforesaid line; and interfer with the purposes of the provisions relating to sub-dividing in Ordinance No. 261; NOW, THEREFORE, it is hereby resolved by the Village Council of the Village of Edina, that the division requested is and the conveyances to be made of the above- described portions of said lots are, hereby approved and the requirements and provisions of Ordinance No. 261 are hereby waived as to said division and conveyances subject, however, to the provision that no further sub-division shall be made of any of said lots as hereby approved unless ma of the Village of Edina or with the prior provided for by these ordinances. NHEREAS, the Village of Edina is desirous of conveying that part of each WHEREAS, it has been determined that the requested division does not I' Motion for adoption-of the Resolution was seconded by VanValkenburg, there were five ayes and no nays, as follows: MacMillan, aye; Rixe, VanValkenburg;,aye; Bredesen, aye; and the Resolution was adopted, . and on. Rollcall aye; Tupa, aye; I SPECIAL, MEETING SCHEDULED FOR NOVEMBER 23 1964-, upon recommendation of Manager to consider Police car bids, was approved. CLAIMS. PAID..* Tupa's motion for payment of the following claims as per Pre-List dated November 16 , 1964: Park, Park Construction, Swimming Pool and Golf Course Funds, $35,174.72; Water Fund, $21,488.90; Liquor Fund, $66,221.69; Sewer'Rental Fund, $403.32; Improvement Funds $140,364.63; Poor Fund, $619 . 51; was seconded by VanValkenburg and carried, There being no further matters to consider, Mactiillan moved for adjournment, Motion was seconded by Rixe and carried. General Fund, $76,058.16; Construction Fund, $118,859.56; ' Adjour