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12/7/64 /
MINUTES OF THE REGULAR MEETING OF THE
EDINA VILLAGE COUNCIL, HELD MONDAY, DECEMBER 7, 1964, AT
EDINA VILLAGE HALL
ROLLCALL was answered by members MacMillan, Rixe, Tupa, VanValkenburg, and Bredesen,
MINUTES-of the Regular Meeting of November 2, 1964, and Special Meetings of
November 3 and 9, 1964, were approved by motion of VanValkenbur?g, seconded by
lJIacMillan and carried,
GIRL SCOUT TROOP 122 WELCOMED TO MEETIN-G,
of America Troop No. 122 was present at the Meeting for the purpose of learning the
Mayor Bredesen announced that Girl Scouts
operations of their local government,
the organization.
Mayor and Council extended their welcome to
BROOKSIDE AREA WATERMAIN IMPROVEMENTS CONTINUED TO DECEMBER 21 MEETING,
presented Affidavits of Publication of Notice of Public- in the Edina-
Clerk
-
Morningside Courier on November 19 and 26, 1964, and Affidavit of Posting of same
Notice on three Village Bulletin Boards on November 26, 1964.
approved as to form and ordered placed on file, and pursuant to due notice given,
Public Hearings were conducted on the following proposed improvements:
Affidavits were
I. CONSTRUCTION OF TRUNK AND LATERAL WATERMAIN' in:
Brookside Avenue from West 49th St. to 300 feet North of West 44th St.
Division Street from Brookside Avenue to 163 feet West of Oxford Avenue,
Motor Street from Brookside Avenue to Rutledge Avenue ,
West 44th Street from Brookside Avenue to Thielen Avenue,
Thielen Avenue from West 44th Street to dead end,
Rutledge Avenue from Division Street to 200 feet South of High Street,
Vandervork Avenue from Division Street to Hollywood Road,
Oxford Avenue from Division Street to Hollywood Road,
Cleveland Avenue from Division Street to 300 feet North,
c-,Cleveland Avenue from Division Street to Hollywood Road,
High Street from Brookside Avenue to Rutledge Avenue.
11. CONSTRUCTION OF BITUMINOUS SURFACE REPLACEMENT in Oxford Avenue from
Division Street to Hollywood Road.
REPLACEMENT in Thielen Avenue from West 44th Street to North Village Limits.
IV. CONSTRUCTION OF OIL STABILIZED BASE AND CONCRETE CURB AND GUTTER REPLACEMENT
in Vandervork Avenue from Division Street to Hollywood Road.
Manager Hyde presented the estimated Costs of watermain improvements, as $108,353,98 ,
or $100.00 per assessable lot for trunk and $330.55 per lot for lateral service.
Residents on Cleveland Avenue, Vandervork Avenue and Oxford Avenue raised several
questions as to the degree of approval these projects had received from their
respective streets. Mayor Bredesen replied that at the November 26 Meeting there
appeared to be considerable support for inclusion of a11 streets in the area for
lateral service.
extension of lateral watermain service to these streetsI
that the residents of these streets be given two weeks to consider the projects
further and to arrive at a concensus.
be continued for two weeks to December 21, 1964.
and carried.
111. CONSTRUCTION OF BITUPIINOUS SURFACE REPLACEMENT AND CONCRETE CURB AND GUTTER
There were also persons present who stated opposition to the
Mayor Bredesen suggested
VanValkenburg then moved that the hearings
Motion was seconded by MacMillan
ONES PROPERTLAT FRANCE AVENUE E @ST 69TH. STREET TO OFFICE- BUILDING
Clerk DISTR-AND REZONES, F&BRI--.TEK PROPERTY TO PLANNED INDUSTRIAL DISTRICT ,
gresented Affidavit of Publication of Notice of PuGHearinw in Edina-Morninasidel - Courier on November 19 and 26, 1964, and Affidavit of Posting of same Notice 0;
three Village Bulletin Boards on November 26, 1964.
all property owners within 500 feet of the subject property.
approved as to form and ordered placed on file, and pursuant to due notice given,
Public Hearing on the following proposed zoning changes were conducted, and action
was taken by Council as hereinafter recorded:
on France Avenue South between W. 69th Street and W. 70th Street. Mr. Hite
presented an explanation of the proposed rezoning.
and Mr. Helming, 6825 Southdale Road, questioned the proposed location of the
buildings on the site, their height and architectural appearance.
discussion, with no further objection or question being offered, Tupa offered
Ordinance No. 261-105 and moved its adoption,
in Minutes. )
and that the Office Building Ordinance requires that no parking be allowed between
the building and the street, the only legal parking would be on the West side of
the site.
South side of the site, parallel to West 70th Street. This would also allow the
petitioner to gain access to West 70th Street,
approval, Mr. Hite advised.
Notion was seconded by Tupa and carried.
Notice was also mailed to
Affidavits were
I. OFFICE BUILDING DISTRICT E PARKING VARIANCE FROM C-3 COMI-ERCIAL DISTRICT
Mrs, Peterson, 6941 Southdale Road,
After a short
(See Ordinance No. ~261-105 later
Mr. Hite then explained that because the site has frontages on three streets
It was requested that a variance be granted to allow parking on the
Planning Commission recommended
VanValkenburg moved the parking variance be granted,
. .. .
12/7/64
11. PLANNED INDUSTRIAL DISTRICT FROM OPEN DEVELOPMENT DISTRICT FOR tract of land
North of T.H. 169 and County Road 18. Mr. Hite presented a review ofthe previous
Meeting at which the matter was originally considered. Council had requested
petitioner, Fabri-Tek, Inc., to consider making restrictions on the property which
would prevent future division of the tract or from placing buildings on certain
.portions of the tract.
of the proposed tract and site and offered the following proposals:
is to be covered by a declaration, in the form of a deed restriction, which will
insure that the zoned parcel will always be treated as one parcel and not be leased
or conveyed or in any other way encumbered without leasing or mortgaging the whole.
It also applies that the East 250 feet of ,the South one-half of the tract shall
contain no structures whatsoever, in addition to granting to the Village a flowage
easement around the Creek course. Mr. Hite explained that the area in which the
Village is granted a flowage easement is to be under the complete control of the
Village, to be used for whatever purposes it may desire, such as a park.
stated that .it would be more desireable to have the Creek area deeded directly to
the Village rather than merely gaining easement over it. Mr. FitzGerald said the
only drawback to deeding the Creek area to the Village was that if the proposed
roadway to the Northeast corner of the property does not go through, Fabri-Tek
would be faced with holding a land-locked lot.
of a road could be easily worked out, thereby making the deeding of the Creek land
possible. Mr. F. Hutchinson, 5940 Walnut Drive, presented two petitions opposing
the rezoning signed by 26 residents of Parkwood Knolls and 40 residents of Walnut
Drive.
rezoning.
specifically against the Fabri-Tek proposal, but against the apparent initiation
of spot zoning. Mr. Hyde and Mayor Bredhsen replied that for years the Planning
Commission had been attempting to develop some sort of overall plan for the
County Road 18 area, but that every approach had been met with defeat from
neighboring property owners who desired only residential development.
the property just will not support residential development, and the Village cannot
morally fix such a narrow use upon that land, they were informed.
further discussion, Mr. Tupa offered Ordinance No. 261-104, and moved its adoption,
with publication and final effect to be withheld until petitioner formally transmits
to the Village the title and deed restrictions heretofore agreed upon. (See
Ordinance No. 261-104 later in Minutes. )
111.. ..LOT DEPTH VARIANCE OF LOT 24-K 1, CODE'S HIGHVIEW PARK CONTINUED.
Petitioner Ralph Kiichli and opponent Norman Densmore, 5805 Bernard Place,
presented their respective arguments on the matter.
although it was apparent the house line on Bernard Place would be disrupted by
such a variance, the owners of the subject property werehot a party to establishing
the building pattern in the neighborhood, and are being dense4 use of their property
by this delay before the Council.
still in probate and by further delay, the Mayor said, the owners were being denied
the right to use ofthe property as they desired, and that the Council had an
obligation to them as well as to Hr. Densmore. Mr. Rixe moved'that'the matter be
continued for two weeks, to December 21, with the following statement: Two weeks
ago I made the suggestion that we continue this to see if there could be a
reasonable meeting of the minds without the Council being involved.
today we are right back where we were and I don't feel a reasonable attempt has
been made to resolve this, and at some point I personally feel the Council has to
weigh all the facts there are. 'There are some precedents for divisions like this
in the immediate area, and in the hope that another continuance of two weeks would
develop something I would be in favor of continuing for two weeks, at which time
we can reasonably assume that there is no alternative by granting the variance.
VanValkenburg seconded, and the motion was carried.
AN ORDINANCE AMENDING ORDINANCE NO. 261
BY REZONING PROPERTY FROM C-3 COWERCIAL
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Mr. FitzGerald, attorney for petitioner, presented a sketch
The property
B Mr. Hite
Mr. Hite stated that the assurances
Hutchinson also read to the Council a prepared statement against the
Nr. Baskerville of Walnut Drive added that the opposition was not
Economically,
There being no
.
Elayor Bredesen stated that
Mr. Kiichli was purchasing the lot whiLe it was
It seems
ORDINANCE NO. 261-105
TO OFFICE BUILDING DISTRICT
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1. Paragraph 1, llBoundaries of Office Building District ,I1
Section 10, "Office Building District ,I1 Ordinance No. 261 of revised ordinances
of the Village of Edina, as amended, is hereby further amended by adding the
following subparagraph:
"(0) That part of the South one half of Section 30, Township 28,
Range 24, described as follows:
Hest and 415 feet North of the Southeast corner of Section 30,
Township 28, Range 24, thence North parallel to the East line of
said Section distant 135 feet, thence at an angle North 44 degrees
56 minutes West distant 70.71 feet, thence West parallel to the
South line of said Section 30 a distance of 105.5 feet, thence
South parallel to the East line of said Section 30 distant 185 feet,
thence East 155 feet to the point of beginningO1'
Beginning at a point 65 feet
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Section 2. This Ordinance shall be in effect immediately after its
passage and publication according to law.
Motion for adoption was seconded by VanValkenburg and on Rollcall there were
five ayes and no nays, as follows: MacMi
Valkenburg, aye; Bredesen, aye; and the
e; Rixe, aye; Tupa, aye; Van-
V ORDINANCE NO. 261-104
AN ORDINANCE AMENDING ORDINANCE NO. 261
(ZONING ORDINANCE) OF THE VILLAGE OF EDINA
ESTABLISHING ADDITION.& PLANNED INDUSTRIAL DISTRICT
B
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Paragraph 2, "Boundaries of Planned Industrial District"
of Section= (Planned Industrial District) of Ordinance 261 of revised ordinances
of the Village of Edina, as amended, is hereby further amended by adding after
sub-paragraph (k) of said paragraph 2, the following sub-paragraph:
Section 1. I
"Cl) A tract of land in the SW 1/11 of Sec.3l-T117N-R21W Hennepin County,
Minnesota described as follows:
of said SW 1/4 and running thence S. 000 W. along the West line
thereof a distance of 1057.16 feet; thence S 88O 54' E a distance
of 1384.91 feet; thence N. OOo 07' E. a distance of 585.55 feet;
thence N 44O 53' W. a distance of 325.0 feet; thence N. 4O 53' W.
a distance of 110.0 feet; thence N. 59O 59' 14" 'w. a distance of
313.2 feet to a point on the North line of said SW 114, said
point being 760.0 feet West of the Northeast corner of the
original North tract; thence N. 89O 53' 30" W. along said North
line a distance of 875.3 feet to the point of beginning; Except
the following described tract:
of said SW 1/4 and running thence S. 000 W. along the West line
thereof a distance of 1057.16 feet; thence S. 880 54' E, a
distance of 270.05 feet; thence N. OOo E. a distance of 530,9 feet;
thence N. 240 02' E. a distance of 416.7 feet; thence N. OOo 06'
30" E. a distance of 150.0 feet to a point on the North line of
said SW l/4 distant 440.0 feet East of the Northwest corner thereof;
thence N. 890 53' 30" W. along said North line a distance of
440.0 feet to the point of beginning.
Beginning at the Northwest corner
Beginning at the Northwest corner
Section 2. This Ordinance shall be in full force and effect from and
after its passage and publication according to law.
Motion for adoption was seconded by VanVa
five ayes and no nays, as follows: MacMi
VanValkenburg, aye ; Bredesen , aye ; and
nd on Rollcall there were
; axe, aye; Tupa, aye;
AWARDED TO KAY, MOTORS AND MAJOR MOTORS.
published in the Edina-Morningside Courier and Construction BulLetin on
November 26 and December 3, 1964.
placed on file.
on December 7, 1964, at 11:OO A.M., in which Kay Motors, Inc., St. Louis Park,
was low bidder on two of the three vehicles at $1,098..00 per vehicle, and Major
Motors, Inc., Minneapolis, was low bidder on one vehicle at $1,320.00, A total
of six bidders participated with Downtown Chrysler Plymouth, Minneapolis, being
high bidder at $1,475.35 and $1,225.35 per vehicle.
two vehicles be awarded to Kay Motors, Inc. at a net bid of $1,098.00 per vehicle,
and one vehicle be awarded to Major Motors, Inc. at a net bid of $1,320.00.
Rixe seconded and the motion was carried.
ZONIiJG VARIANCES.
unanimously moved to grant the following variances:
Brookview Heights Second Addition
Clerk
ts of Publication of Advertisement for Bids - Police Cars
Affidavits were approved as to form and ordered
Manager Hyde presented a tabulation of bids received and opened
VanValkenburg moved that
Upon VanValkenburg's motion and seconded by Rixe, the Council
1.
2. R. E. Campbell, side yard variance at 5504 Oaklawn Avenue
3. Johnson-Jasper, Inc., side yard variance at 6925 Southdale Road.
VanValkenburg also moved that the request for reverse frontage at Lot L, Block 7,
Brookview Heights First Addition by Pow-Bel Construction Co., be denied, as by
the Planning Commission.
Pow-Bel Construction Co., reverse frontage variance on Lot 8, Block 4,
Motion was seconded by ivIacMi1lan and carried.
12/7/64
PUBLIC HEARING ON VACATION OF STREETS IN SOUTHDALE AREA.
of Publication of Notice of Public Hearing in the Edina-Norrhngside Courier on
Clerk presented Affidavits
November 26, 1964, and Affidavit of Posting of said Notice on three Village
Bulletin Boards on November 24, 1964.
owner abutting the streets proposed to be vacated.
to form and ordered placed on file.
proposed vacations, petitioned by Dayton Development Company, involving York
Avenue from blest 66th Street to West 68th Street , Vest 67th Street from Xerxes
Avenue to York Avenue, and West 68th Street from Xerxes Avenue to York Avenue.
None of the streets proposedto be vacated have been opened or graded, and it
is the desire of petitioner to vacate the streets in order to more satisfactorily
develop the surrounding property under its present zoning, it was explained.
Appearing in opposition to the proposed vacations were Roger Burgstahler,
6628 Xerxes Avenue, Lowell-Turner, 6624 Xerxes Avenue, and Thomas Winter,
6708 Xerxes Avenue. Opponents and other residents along Xerxes Avenue abutting
the Dayton Development Company property presented to the Council a letter which
stated their opposition without first being informed of the specific uses the
developer intends to make of the property,
explained that the uses contemplated, types of buildings to be built, etc., would
have to be within the limits of the present zoning requirements, and that the vacation
of the streets would not determine the zoning of the property.
stated that York Avenue was not vacated at the time York Avenue Extended was
because the row of lots abutting the street was to be built up with double
bungalows as a buffer between the commercial development and the Xerxes Avenue
houses. LIr. Tupa questioned whether or not it would be welL to attempt to
resolve the zoning and platting of the entire area North and South of West 66th
Street at Xerxes Avenue, including the area under consideration. 14r. Hite replied
that there was little likelihood of reaching a settlement with all property owners
involved within a short period of time. Mr. Tupa then moved that the proposed
vacations be continued to January 4, 1965, while an attempt is made to resolve
the several. zoning matters.
Notice was also mailed to each property
Affidavits were approved as
Mr. Hite presented an explanation of the
Mayor Bredesen and Idanager Hyde
Ellr, Burgstahler
VanValkenburg seconded the motion was carried.
COUHCiL, CONDEMNS DANGEROUS AND ..SUBSTANDARD BUILDINGS Ofl ROUSHAR ROAD.
presented Affidavit of Posting of Notice of Hearing on premises at 6720 Roushar
Clerk
Road on November 27, 1964, and receipts for certified m-&.ling of said Notices to
all persons with interest in the subject property, Affidavit was approved as to
form and ordered placed on file.
on Dangerous and Substandard Buildings at 6720 Roushar Road,
an explanation of the deficiencies of the structures and recommended that the
three buiikdings, dwelling, barn and shed, be removed. blr. Robert E. Hanson,
owner of the affected property'stated that he had presented the Clerk with a
letter consenting to destruction of the buildings by the Edina Fire Department.
Village Attorney Whitlock advised that it would also be advisable to first obtain
the consent of the mortgagee before action is taken by the Fire Department.
Hr. NacMillan moved that the buildings at 6720 Roushar Road be condemned and
destroyed pending the approval of the mortgagee.
motion was carried.
Pursuant to said Notice, Public Hearing was held
Manager Hyde presented
VanValkenburg seconded and the
COUNCIL -REFUyDS PARTIAL SPECIAL ASSESSJdENT FOR NATERMAIN 1NPROVE.MENT NO. 72.
Manager Hyde reported that because the assessment for Watermain Improvement No. 72
was levied on the basis of engineering estimates and not on the basis of later
construction costs, the improvement fund was presently overpaid by $3,947.35.
This represented eighty per cent of one year's principal.
that the overpayment should be refunded to the persons who paid the last year's
principal.
Mayor Bredesen stated
Rixe then offered the following Resolution and moved its adoption:
RESOLUTION DIRECTING REFmD
0F.PAID SPECIAL ASSESSMENTS FOR AN
IMPROVEMENT FINANCED BY 1954 SECOND SERIES
IMPROVEMENT FUND
BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, Hennepin - - County, that Watermain Improvement No. 72 has been completed, -that there -are
sufficient assets on hand to satis@ all claims against and obligations of said
improvement, including all principal and interest due on bonds issued to finance
the same; that the sum of $3,947.35 has been certified on special assessments
levied in excess of the cost of Watermain Improvement No. 72; that said refunds
shall be made in the manner and subject to the conditions provided in Hinnesota
Statutes, Sections 435.201through 435.203; that all such monies not claimed for
refund in the manner and time so provided and all other monies on hand or hereafter
received in the funds of said improvements shall be transferred to the 1954 Second
Series Improvement Sinking Fund; and that the amount to be refunded is $3,947.35,
representing eighty per cent of one year's principal.
12/7/64 '5
The Clerk is hereby authorized and directed to cause notice of the time,
place and method of said- refunding to be published in the official newspaper
.once a week for two weeks prior to said refunding, which notice shall be in
substantially the following form:
NOTICE OF REFUND OF PAID >
SPECIAL ASSESSMENT
Edina Village Council has resolved as follows:
1. That Watermain Improvement No. 72 has been completed, that there are sufficient .
assets on hand to satisfy all claims against and obligations of said improvement,
including all principal and interest due on bonds issued to finance the same;
that the sum of $3,947.35 has been certified on special assessments levied in
excess of the cost of Watermain Improvement No. 72; and that refunds of eighty
per cent of one year's principal shall be refunded in the manner and subject to
the conditions provided in Minnesota StatGtes, Section 435,203 through 435.203.
2. That all parties which paid the last year's principal levy, being that amount
levied against all benefited properties of Watermain Improvement No, 72 and payable
in 1964, shall present to the Village Clerk acceptable evidence of said principal
payment, which shall be in the form of receipt for taxes paid in 1964 or in the
form of an affidavit, available at the office of the Village Clerk, Refunds
shall be made by check.
3, That upon presentation of said acceptable evidence, the Village of Edina
shall refund to the entitled parties the amounts equal to eighty per cent of
the last year's principal.
BY ORDER OF THE EDINA VXLLAGE COUNCIL.
GEORGE A, LANGMACK
Village Clerk
Motion for adoption was seconded by VanValkenburg and on Rollcall there were
five ayes and no nays, as follows: EvIacMill
VanValkenburg, aye ; Bredesen , aye ; and the
FINAL PLATS APPROVED.
by the Planning Commission and recommended for Council approval:
1. Indianhead Lake View Addition - Three lots (construction of dwellings
prohibited until sanitary sewer is installed and paid for,)
2. Idylwood Sixth Addition - Eight lots,
3, Cherokee Hills Fifth Addition - Two lots.
Mr, Hite presented the following final plats, as approved
VanValkenburg moved that the three final plats be approved with the understanding
that no dwellings are to be constructed on Indianhead Lake View Addition Lots
until sanitary sewer is installed and paid for.
carried . Motion seconded by Rixe and
S ADDITION TO-PROSPECT HZLLS PLAT SCHEDULED FOR FINAL PLAT HEARING
Mr. Hite presented the preliminary plat of M. P. Johnson's
Addition to Prospect Hills, noting that the lot sizes are smaller than in
neighboring Prospect Hills, but in accord with neighboring Cherokee Hills. Also
involved would be the removal of a large hill, involving the establdshment of an
Excavation District and the granting of a mining pemnit.
of the preliminary plat.
MacMillan moved approval
Motion seconded by Tupa and carried.
VanValkenburg then moved that a Public Hearing on petition for the creation of
a temporary excavation district be held on December 21, 1964, Motion seconded
by MacMillan and carried,
LOT lo.,. j7A,mEN. ,ACTiE;S, DIVISION GRANTED. Upon petition of Austin Norton, Tupa
moved and Rixe seconded the motion that Lot 10, Warden Acres be allowed to be
divided. Motion was carried unanimously,
HEARINGS SCHEDULED ON- PLA"I.&G- CO-MMISSJON MATTERS.
-he following matters were scheduled for Public Hearing on
the dates indicated, with Council unanimously adopting motion:
1. Side yard variance at 5521 Woodcrest Drive, R. N, Beim, petitioner -
December 21.
2. R-6 District from Open Development at W. 70th St. at T.H. 100,
Louis Thayer, petitioner - January 18,
3.
Addition - January 18.
Upon VanValkenburg' s motion ,
R-4 District from Open Development at Lots 10 & 11, Block I, Bertlesen
COUNCIL, CORREXTS PREBOUS- RJSOLUTIONS VACATING NOlUYANDALE THIRD STREETS ,
the request of the Village Attorney-it was recommended that the previous
Resolutions of February 17, 1964, August 3, 1964, and October 26, 1964, vacating
Upon
12/7/64
J
streets in Normandale Third Addition be corrected as to legal description and
include all the streets intended by the previous Resolutions to be vacated.
VanValkenburg offered the following Resolution and moved its adoption:
RESOLUTION VACATION CERTAIN STREETS
IN NO-BtANDALE THIRD ADDITION
BE IT RESOLVED by the Edina Village Council that the following streets in
Normandale Third Addition be vacated:
1. All of West 64th Street as laid out and platted in Normandale Third
,:Addition, lying between the Easterly line of County Road 39 (Valley
View Road) and the Westerly line of the Minneapolis, Northfield &
Southern Railroad eight-of-way.
-
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, NorfhfieLd & 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 Whiting 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.
I
3. All of Dell Street and Northfield Avenue as laid out and platted in
Normandale Third Addition, lying Westerly of the Westerly line of
the Minneapolis, Northfield' and Southern Railroad right-of-way.
Motion for Resolution was seconded by Tupa, and on Rollcall there were five ayes
and no nays, as follows: MacNillan, aye; fix VanValkenburg,
aye; and Bredesen, aye; and the Resolution wa
ATTEST :
C0,UNCIL AUTHORIZES CORFSCTION OF AUGUST 17 MINUTES AND ORDINANCE NO. 261-95.
hr. Hite reported that attorneys for the Pure Oil Company had reported that
in the meeting of August 17, 1964, an incorrect legal description of the
property located in the vicinity of Cahill Road and West 70th Street which.was
rezoned Office Building District and C-4 Commercial District was used.
further asked that it be changed to correctly describe the exact property which
the Council had intended to so rezone.
and moved its adoption:
They
Mr, Tupa then offered the following Resolution
A RESOLUTION
AUTHORIZING CORRECTION OF
COUNCIL MINUTES, AND ORDINANCE NO. 261-95
WHEREAS, the Village Council of the Village of Edina, Ninnesota, on
August 17, 1964, did intend to rezone to C-4 Commercial District and Office
Building District, specific tracts of land in the vicinity of 11, 70th Street
and Cahill Road, but did not correctly describe said properties in Ordinance
NO. 261-95:
THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina,
Minnesota :
THAT, Sub-section (4) C-4 Commercial District, of Section 3, Ordinance
No. 261-95, is hereby correctedto read as fbllows:
" (4) C-4 COMMERCIAL DISTRICT :
(a) That part of the NW 1/4 of the NE 1/4 of the NE 1/4, Section 8,
Township 116, Range 21 described as follows:
point 231 feet South and 170 feet East ofthe NW Corner of
said NGI 1/4 NE 1/4 NE 1/4; thence East 160 feet;' thence North
parallel to the Nest line of said 1/4 1/4 1/4 Section a distance
of 81.3 feet; thence Northwest at an angle of N60° 11' 30" W a
distance of 182.5 feet; thence South parallel to the West
line of said 1/4 l/4 1/4 Section a distance'of 170 feet, more
or less, to the point of beginning.
The East 160 feet of the North 88.70 feet of Lot 1, Block 2,
Amundson Terrace.
Beginning at a
(b)
THAT, paragraphs (j ) and (k) of Section .2 , Paragraph 1, boundaries of
Office Building District, are hereby corrected to read as follows:
(j) That part of the Mi 1/4 HE 1/4 NE 1/4, Section 8, Township 116,
Range 21, described as follows: Beginning at a point 33 feet
South and 33 feet East of the NN corner of the above-described
section; thence South 198 feet; thence East 137 feet parallel
to the North line of said Section 8; thence North parallel to the
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West line a distance of 169 feet; thence Northwesterly at an
angle of,N60° 11' 30" W a distance of 52 feet; thence West
parallel with the North line of Section 8, a distance of
90 feet to the point of beginning,
The West 137 feet of the North 88.70 feet of Lot 1, Block 2,
Amundson Terrace . (k)
THAT, the Village Clerk is hereby directed to record these corrections
in the Minutes Record and Village Ordinances.
Motion for adoption of the Resolution was seconded by Rixe, and on Rollcall
there were five ayes and no nays, as follows:
COUNCIL,AUTHORIZES SUBDIVISION AND CONVEYANCE OF CAHLLL ROAD E We 70TH ST,
PROPERTY.
Council to authorize the conveyance of and subdivision of the same ppoperty,
Mr. Hite further reported that the pure Oil Company requests the
as required by
Resolution and
BE IT RESOLVED
Village Ordinance
moved its adoption:
Mr. VanValkenburg then offered the following
A RESOLUTION
WAIVING PLAT REQUIREMENTS IN A PORTION
OF SECT$.ON 8, TOWNSHIP 116, RANGE 21
BY THE VILLAGE COUNCIL OF THE VILLAGE OF EDfNA, MINNESOTA:
WHEREAS, the Eilina subdividing ordinance as recorded in Book 641 of
Miscellaneous Records, Page 45, Office of the Register of Deeds, in and for
Hennepin County, Minnesota, requires that any conveyance of land which is
described by metes and bounds, wherein the land being conveyed is broken off
of a larger tract and is less than two and one-half acres, be approved by
the Edina Village Council, and,
and one-half acres and is broposed to be broken off of a larger tract and is
proposed to be conveyed by metes and bounds and,
the site for an automobile service station and,
a registered land survey or a record plat encompassing a much larger area,
Edina, that normal platting requirements be waived so far as the property
hereinafter described is concerned and that the proposed conveyance of the
properties by a metes and bounds description be approved:
WHEREAS, the property hereinafter described has an area of less than two
WHEREAS, said land is zoned Commercial District C-4 and is to be used as
WHEREAS, said property is to, at some future date, be included in either
NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of
(a) That part ofthe NW 1/4 of the NE 1/4 of the NE 1/4, Section 8,
Township 116, Range 21, described as follows:
point 231 feet South and 170 feet East of the NW Corner of said
NW 1/4 NE 1/4 NE 1/4; thence East 160 feet; thence North parallel
to the West line of said 1/4 1/4 1/4 Section a distance of 81.3 feet;
thence Northwest at an angle of N60° 11' 30" W a distance of 182.5 feet;
thence South parallel to the West line of said 1/4 1/4 1/4 Section a
distance of 170 feet, more or less, to the point of beginning.
The East 160 feet ofthe North 88.70 feet of Lot 1, Block 2, Amundson
Terrace .
Beginning at a
(b)
Motion for adoption of the Resolution was seconded by MacMillan, and on RoLlcall
COUNCgL. DENIES- Y FOR BOULEVAW IMPROVEMENT C ARMSTRONG . Manager Hyde
presented to the Council copies of a 1-Mrs, Armstrong, 4913 Larkspur Lane
repeating her claim for reimbursement of costs for boulevard repairs. Managgr Hyde
reported that under the threat of turning off the Armstrong water supply, payment
for the water bill was secured.
that all property owners would absorb regardless of which jurisdiction the
property was.situated in.
believe no Village 'personnel committed the Village otherwise, pay for the work NiN&g3
L1,QUO.R ,STORF,.
time emse at the 50th Street Liquor Store, which requested Council to consider
paying for damages suffered his automobile from a traffic control sign pedistal
knocked over by another automobile.
strictly a matter for the insurance company underwpiting Village liability
insurance.
It is considered a normal boulevard improvement
&-wJJ
rfi$/6s Councilmen agreed that the Village should not, add
IABILITY FOR D.&IAGED AUTOMOBILE IN PARKING LOT BEHIND ~OTH STREET
Manager Hyde presented a letter from Ivlr. Raymond Wilkinson, part-
Attorney Whitlock ad'uised.that this was
Council agreed that the insurance carrier should determine liability
and act accordingly
9-
12/7/64
COUNCIL D1RE;CTS. CHANGES XN PROPOSED SANITARY SEJER. AGIIEEMENT WITH CITY OF HOPKINS.
Manager Hyde presented a memorandum to the Council outlining the terms of the
proposed agreement under which Hopkins will rent sewerage facilities from Edina
for $100,000.00, payable in five year periods for one hundred years.
objected to the provision whereby Hopkins is charged interest for only a five year
period at a time. Over the length of the expected contract, this would involve
$35,000.00 which the Village of Edina would be subsidizing Hopkins for on interest.
Rixe proposed that they pay the full amount, and if either party cancels before
the contract expires the inapplicable balance will be refunded to Hopkins.
stated he would so inform Hopkins and have the agreement drawn up accordingly.
Mr. Rixe
Mr. Hyde
AUTHORITY, TO ADVERTISE FOR BIDS FOR ICE CUBE MACHINES GRANTED.
requested that authority be goanted to advertise for bids on one ice cube maker
and one ice cube merchandiser for the Grandview Liquor Store.
that the bids be accepted as early as possible, with a telephone poll of the Council
to award the bids and confirmation at the December 21 Meeting.
that authority to advertise for bids for ice cube machines be granted with the
Council awarding the bid on the basis of a telephone poll, to be confirmed at the
December 21 Meeting.
Manager Hyde
Hyde also requested
VanValkenburg moved
Notion was seconded by Tupa and carried.
COUNCIL REFERS C_LAlM FOR INpJRIE~. Ti INSURANCE COMPANY.
he had received a-r from Mr. Frank Porter, 6805 Hillside Lane, on 'December 3,
1964, referring to an accident wherein his wife, Nancy Porter, had cut her leg
on the corner of a door entering the 50th Street Liquor Store,
occurred in -.December 1962.
the office of the Village Health Officer, Dr. C. V. Rockwell, but refused and went
to a doctor on her own accord.
the village.
denied payment on two grounds:
days after the incident and that there was no liability on the part of the
Village.
willing to settle without litigation for an amount of $2,500.00.
recommended that the matter be turned over to the Village Attorney.
Manager Hyde stated that
The accident
At the time, Mrs. Porter was offered assistance to
A report was filed with the insurance carrier by
failure of Porters to make claim within thirtg;.
The Porters received a letter from the insurance company which
On December 3, 1964, Mr. Porter visited Plr. Hyde stating that he was
14anager Hyde
Mayor Bredesen
stated that it is a matter strictly for the insurance company to handle. ..
COUgCIL AG@ES,TO PARTICIPATE IN BACKING HIGH SCHOOL TEEN DANCES.
reported that a group of citizens were attempting to form an organization to sponsor
teen dances in the Senior High School gymnasium, once a week at the most. Pending
approval of the School Board, it has been requested that the Village participate
to the extent of guaranteeing the liability insurance premium for the organization
so they may use the public school facilities without imposing the burden of
liability upon the School District. The project is also being sponsored by
numerous churches in Edina.
insurance premium for the first two months, and if the project is financially
successful, the Village will be reimbursed.
and meritous recreation expenditure of public funds., MacMillan moved that the
Village provide the $185.00 insurance premium sponsoring the organization.
was seconded by Rixe and carried.
Mr. Hyde
It has been requested that the Village pay $185.00
,
Council agreed that this was a valid
..
Motion
1965 EMPLOYEE SAL-ARIES AND WAGES CONTINUED TO DECEMBER 21.
Business Agent, Local 49, International Union of Operating Engineers, representing
several employees employed in outside maintenance and engineerirlg positions, was
present to discuss with the Council his organization's requests for salary
adjustments for 1965.
requests and arguments until a late date, MacMillan moved that the matter be
continued to December 21 in order to afford adequate study of the details.
VanValkenburg seconded the motion and motion was carried.
Mr. Larkin l,lcClellan,
Since the Council had not received the Union's printed
GRETCHEN S. &DEN. I.IEHO.RIAL FUND PROCEEDS TURNED OVER TO ESTATE GUARDIAN. Mr. Hyde
reported that the Memorial Fund for Gretchen S. Alden presently amounted to nearly
$3,500.00, and that it should be turned over to the Maiquette National Bank of
Hinneapolis, guardian of Nrs. Alden's estate.
had a Resolution drawn up to enable the transfer, whereupon he offered the
following Resolution and moved its adoption:
-
Mr. VanValkenburg stated that he
GRETCHEN S . ALDEN ,. MEMORIAL FUND RESOLUTION
WHEREAS, Gretchen S. Alden, a beloved and faithful employee of the
Village of Edina for over twenty years, died on October 19, 1964, and was
survived by her daughter, Prudence, 13 years of age; and
17HEREAS, the many friends and fellow employees of Gretchen S. Alden
have made contributions to a fund in her memory and honor to be used for the
welfare and education of her daughter, Prudence Rose Alden, which fund is now
being handled and conserved by Jar1 Dalen, the Director of Finance of the
Village of Edina; and
I
12/7/64
WHEREAS, no provision can be made whereby the Village of Edina or
WHEREAS, The Marquette National Bank of Minneapolis, pursuant to the
its Finance Director can legally administer and account for the fund; and
request contained in the last Will and Testament of Gretchen S. Alden, has been
duly appointed and has accepted the responsibility as Special Guardian of the
Estate of Prudence Rose Alden, a minor, with the full powers of a General Guardian,
and is thereby empowered and obligated to administer an account for the Estate
of Prudence Rose Alden for her benefit and education,
BE IT RESOLVED, that Jar1 Dalen, the custodian of the Gretchen S. Alden
Plemorial Fund, is hereby authorized and directed to pay and deliver the monies
contained in said fund and the monies which may hereafter be contributed thereto,
to the Marquette National Bank of Minneapolis, as Special Guardian of the Estate
of Prudence Rose Alden, minor ward, to be used for her welfare and education.
e.# 'Motion was seconded by Mr. Tupa and on Rollcall there were five ayes and no nays,
VanValkenburg, aye ; Bredesen ,
TRACT, SIGN FOR "THE. C0,LONY"- APARTMENTS APPROVED.
of the proposed sign for advertising and directing traffic to "The Colony11
apartment development North of Southdale Center.
it was decided that the original proposed sign was too large. The present
proposal is a 6 foot by 14 foot sign, with a request for a one-year permit,
January 1965 to January 1966.
six by fourteen feet be accepted and that a one year permit be issued from
January 1, 1965, to January 4, 1966. Motion seconded by Tupa and carried.
Mr. Hite presented a drawing
At the November 23 Meeting
VanValkenburg moved that the proposed sign of
ACCEPTED. MacMillan moved and Rixe seconded that the September 30
and October 31, 1964, Liquor Fund Statements and the October 31, 1964 Treasurer's
Report be accepted. Motion carried.
CLAIMS- PAID. Tupa's motion for payment of the following Claims as par Pre List
dated December 7, 1964, was seconded by MacIJIillan and carried:
$10,599.75; Construction Fund, $1,474.55; Park, Park Construction, Golf Course,
$1,645.08; Water Fund, $678.52; Liquor Fund, $221,434.71; Sewer Rental Fund,
$342.02; Temporary Improvement Bonds, $1,197,063.40; and the following CLaims:
City of Minneapolis, $38.50; Robert Snyder, $1,000.00; Hennepin County League
of Municipalities, $1,667.29; Ludwig Helson, $17,265.64; Texaco, Inc., $1,245.01;
Postmaster, $500.00; First Southdale National Bank, $399,329.99.
General Fund,
There being no further business before the Council, Meeting was adjourned at 10:55 P.M.