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HomeMy WebLinkAbout19641207_regularI ?a 30 0 2 u u I 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 - 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 12f 7/64 '3 Ta 30 0 6 u u 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 12/7/64 .r 7 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.