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HomeMy WebLinkAbout19620514_regular5/14/62 MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY , HAY 14, 1962, AT 7:OQ P'M., AT THE ' EDINA VILLAGE HALL Members answering Rollcall were Dickson, MacMillan , Tupa , VanValkenburg and Bredesen. rrC-lrl SANITARY TRUNK SEIER EXTENSION AND PARKWOOD KNOLLS LATERALS TO BE CONSIDERED MAY 28. improvements to May 28, to allow time for further engineering study, owners had received mailed notice of this continuance. Mayor Bredesen announced continuance of Hearings on the above proposed - Property MINUTES OF April seconded by Tupa MINUTES of April 16, 1962, 14eeting were approved as submitted and carried. 23, 1962, Meeting were discussed, by motion Dickson, Mr. Tupa requested that these Minutes be corrected by striking from Paragraph 4, Page 85 , entitled ItSWIMbfING POOL FUBD BALANCE SHEET---" the words "and that those who use the pool should he required to support it1'. his factual report. Tupa, be approved. He stated he is for the pool, and again complimented Wr. Dalen on Dickson moved that Minutes of April 23, as corrected by t4r, Motion seconded by Tupa and carried. COUNCIL CONDUCTS PUBLIC HEARINGS ON PROPOSED IMPROVEMENTS. Affidavit of Publication in Edina-Morningside Courier May 3 and 10, 1962, of Wotice of Puhlic Hearings on Permanent Street Surfacing and Concrete Curb 6 Gutter, and Storm Sewer", and Affidavit of Mailing of Notice of Hearing to affected property owners. thereto, the following Public Hearings were conducted, and action was taken as hereinafter recorded: CHOWEN AVENUE FRON CROSS TOW4 HIGHWAY TO W.62ND STREET. paving with Asphalt Concrete and construction of Portland Cement Concrete Curb and Gutter was $13,325.99, proposed to be assessed against 1,709.46 Assessable Feet, for $7,80 per Assessable Foot, and none had been received prior to the Hearing. Resolution and moved its adoption: Clerk presented Notice was approved as to form and ordered placed on file; and, pursuant 1, PUBLIC HEARING ON PERMANENT STREET SURFACING AND CURB AND GUTTER FOR Estimate of Cost, for No objections were received from the floor, Dickson offered the following RESOLUTION ORDERING IMPROVEMENT STREET IMPROVEMENT NO. BX-SFS, ' BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published on the following proposed improvement: CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURE AND GUTTER IN CHOHEN AVE. FROM C.S.A.H. #62 TO W.62ND STREET and at the hearing 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 improvement by CONSTRUCTION OF ASPHALT CONCRETE PAVING WD PORTLAND CEHENT CONCRETE CURB AND GUTTER IN CHOVEN AVE. FROM C.S.A.H. #62 TO klIs62HD STREET; that said improvement is hereby designated and shall be referred to in all sub- sequent proceedings as STREET IMPROVEMENT NO. BkL91;"Land the area to be specially assessed thereSor shall include all lots and tracts of land abutting the street proposed to be improved, Valkenburg, and on Rollcall e were five ayes .and no nays , as E ollows: 2. PUBLIC HEARING ON PERMANENT STREET SURFACING AND CURB AND GUTTER IN YORK AVENUE FROM CROSS TOWN HIGHWAY TO 485 FEET NORTH. $8,180.35, Foot. been received prior to the Public Hearing. and moved its adoption: Estimate of Cost was given as proposed to be assessed against970.53 feet, for $8.43 per Assessable There were no objections from the audience, and no written objections'had Tupa offered the following Resolution RESOLUTION ORDERING IMPROVEMENT STREET IMPROVEMENT NO. BZ-92 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published on the following proposed improvement: PERI-IANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN YORK AVENUE FROM C.S.A.H. $62 TO Lt'85f 8. 5/14/62 8'8 and at the hearing 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 RR%%N D PORTLAND CEMENT CONCRETE CURB AND the construction of said impr CONSTRUCTION OF ASPHALT/ GUTTER IN YORK AVENUE FROM C.S.A.H. #62 TO 485 FT. NORTH that said improvement is hereby designated and shall be referred to in all subsequent proceedings as STREET IMPROVEMENT NO. BA-4%; and the area to be specially assessed therefor shall include all lots and tracts of land abutting the street proposed to be improved. as follows: Motion for adoption of Resolution was seconded by MacMillan, and on Rollcall there were five ayes and no nays, as follows: Dickson, aye; MacMillan, aye; Tupa , aye ; VanValkenburg, aye ; and Bredes and the Resolution was 3. PUBLIC HEARING ON PROPOSED PERMANENT SURFACING AND CONCRETE CURB AND GUTTER FOR EWING AVENUE FROM 12Q' S. OF CHOWEN CURVE TO 649' S. OF W.62ND ST. Estimate of Cost was given as $15,634.08, proposed to be assessed against 1,829.01 Assessable Feet, for $8.55 per Assessable Foot. Mr. J. A, Sias, 6204 Ewing Aver, asked for unit costs, and upon receiving them, told Council that when he moved into the area a year ago he was told by the Village street department that the street was to grade and that stabilization had been completed. understand why the estimate should be so high, he inquired as to how much the street would be lowered. to review. none had been received prior to the Hearing, Resolution and moved its adoption: Stating that he is notsagainst the improvement, but cannot Mr. Sias was given the Engineer's drawing There were no other questions or objections from the floor, and MacMillan offered the following RESOLUTION ORDERING IMPROVEMENT STREET IMPROVEMENT NO. BPr-43 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published on the following proposed improvement: CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURE AND GUTTER IN EWING AVE. FROM 120' S. OF CHOWEN CURVE TO 649' S. OF W.62ND ST. and at the hearing 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 improvement as follows : CONSTRUCT1 ON OF ASPHALT CONCRETE PAVING AND POKTLAND CEMENT CONCRETE CURB AND GUTTER IN EWING AVE, FROM 120' S. OF CHOWEN CURVE TO 649' S, OF W.62ND ST. that said improvement is hereby designated and shall be referred to in all subsequent proceedings as STREET IMPROVEMENT NO. BA43, and the area to be specially assessed therefor shall include all lots and tracts of land abutting the street proposed to he improved. Motion for adoption of the Resolution was seconded by VanValkenburg, and on MacMillan , aye ; Tupa , aye ; VanValkenburg, ay Resolution was adopted, 4. PUBLIC HEARING ON PROPOSED PERMANENT STREEG SURFACING AND CONCRETE CURB AND GUTTER IN MILRYAN AVE. FROM W.62ND ST, TO VALLEY VIEW ROAD. Estimate of Cost was given as $17,260.39, proposed to be asse'Ssed against 1,495.96 Assessable Feet, for $11.54 per Assessable Foot, told Council she can't see the sense of surfacing the street unless the surfacing is carried down the hill past V.62nd Street; also, that there are many vacant lots, and that surfacing should not be done until lots are improved. to him this morning that action be delayed 90 days. on proposed improvement be delayed for 9Q days. and carried, Mrs. Jensen, 6104 Wilryan, Manager Hyde told Council that petitioner Cardarelle had suggested Tupa moved that action Motion seconded by Dickson 88 1 5 /14/62 PUBLIC HEARING ON PROPOSED PERMANENT STREET SURFACING AND CURB AND GUTTER given as $11,086.15, proposed to be assessed against 1,195.50 Assessable Feet, for FROW MALOW-€ TO BELNORE LANE. Cstimate of Cost was 5 -I sa IN VAN BU~ERTENUE $9.27 per Assessable Foot. petition signed by owners of 734 Assessable Feet, opposing the project. of the "puddle" at the corner of Belmore Lane and VanBuren Avenue, saying it had been engineer&d by the Village at the time the grading and gravelling was done. He also cited a petition now in circulation for water service on Harrison Avenue, one already filed for water service on Spruce Place, and Council action directing Manager to report, soon, on possibility for water service for the entire area. Nr. Clayton Do Hall, 410 VanBuren, sponsor of the petition for the project, told Council he knows of no one in his block who wants water--but one of his neighbors spoke in favor of it. Nrs. Margaret Lindbery, 409 VanBuren, asked that action be delayed until Manager Hyde told Council that watermains cannot go in this year, but that he expects to have a report for Council, possibly by May 28, but not later than June 11, on Hopkins' attitude toward serving this area. Hearing be continued for 30 days, and Tupa moved for continuance of Public Hearing to Monday, June 11. Wotion seconded by MacMillan and carried. Mr. T. W. Blomquist, 6615 Belmore Lane, presented a He talked owners can ascertain Council's position on water service. Mayor Bredesen suggested that Public 6. PUBLIC HEARING ON PROPOSED STORM SEWER AND APPURTENANCES IN VALLEY VIEkI ROAD FROM NINE I*lILE CREEK TO 87' SOUTH OF THE CENTER LINE OF SUSAN AVENUE. VU- Graph Slide was shown of proposed route of storm sewer, together with district proposed to be assessed therefor. proposed to be assessed against a relatively small assessment distvict, at $.070387 per Square Foot. written objections had been received prior to that time. following Resolution and moved its adoption: Estimate of Cost was given as $22,489.54, No objections were received at the Hearing, and no Dickson offered the RESOLUTION ORDERING IMPROVEMENT ST0RI.I SEVER 1f.IPROVEMENT NO. 71 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published on the following proposed improvement: CONSTRUCTION OF VILLAGE STORM SEWER AND APPURTENANCES IN THE FOLLONING : Valley View Road from Nine Mile Creek to 87' S. of the center line of Susan Ave. and at the hearing 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 improvement; that said improvement is hereby desig- nated and shall be referred to in all subsequent proceedings as STORN SEkiER IMPROVENENT NO. 71; and.the area to be specially assessed therefor shall include all lots and tracts of land within the following described boundaries: "Commence at a point on the center line of County Road No. 39, said point being 35.0' N. of the center line of W168th St.; thence E. to a point on the E. line of Lot 11, Block.2, The Heights Addn., said point being 35.0' N. of the S.E. Cor. of said Lot; thence N. along the E. line of said Lot 11, to a point on a l5ne drawn parallel with and 100.0' SEly of the SEly right-of-way line of County Rd. No. 39; thence NEly along a line parallel to the center line of County Rd. No. 39 to a point 85' S. of the S. line of N.66th St, as laid out in The Heights 5th Addn.; thence SEly to a point on the E. line of Lot 1, Block 1, The Heights 5th Addn.; said point being 12.65' NEly of the S.E. Cor. of said Lot; thence SEly to the intersection of the So line of W. 66th St. extended NWly and the 1.7. line of Lot 3, Block 1, The Heights 4th Addn. extended SWly; thence N. along extended W. line of said Lot 3 to the N.I?. Cor. thereof; thence E. along N. line of Block 1, The Heights 4th Addn. to the N.E. Cor. of Lot 2, Block 1, thereof; thence NWly to a point on the SEly line of County Road No. 39, said point being 338' N. of the N. line of M.66th St.; thence W. perpendicular to SEly right-of-way line of County Rd. No. 39, a distance of 33'; thence Sklly along center line of said County Road #39 to the point of beginning." aye; VanValkenburg, aye; and Bredesen, ay 7-.. PUBLIC HEARING OW PROPOSED STORM SEWER AND APPURTENANCES IN PROPOSED VALLEY VISTA ADDITION FROM EXISTING POND NORTHEASTERLY A DISTANCE OF 430 FEET TO A PROPOSED MANHOLE LOCATED APPROXIMATELY 340 FEET, 1.IOFE OR LESS, EAST AND 678 FEET MORE OR LESS, NORTH OF THt; S.N. CORNER OF THE NWl/4 OF THE W1/4 OF SkX.!%,T.116, R. 21. proposed to be assessed, and the Estimate of Cost was given as $3,304.75, proposed to be assessed against 604,397 Assessable Square Feet, for $.005467 per Square Foot. Vu-Graph Slide was shown of proposed route of improvement, and of area 5 /14/62 89 Manager Hyde reported that this Hearing has been initiated by the Council at the request of Mr, Hugh Breener, who claims his property is being damaged as the result of increased run-off due to building South of Valley View Road, He explained that natural drainage is to the Brenner-owned pond; that the present plan is to take water from the pond into a trunk sewer planned for the new school--that contribution from the sewer main proposed tonight is estimated as 1/27th of the total capacity of the school trunk, and that part of the assessable cost quoted herein is for 1/27th of the cost of the school trunk ($475,00--1/27th of estimated $12,825.00 for School Trunk) , Lahner, 6800 Chapel Lane, objected to being included in the assessment district because, he stated, none of the water from his property reaches the storm sewer, unless his storm drainage is into this storm sewer he cannot be assessed for it; that the Village engineers will be glad to visit with him in the field relative to his objection. offered the following Rksolution and moved its adoption: Mr. Les. He was informed by Mayor Bredesen and Captain Gans that There were no other objections, and MacMillan RESOLUTION ORDERING IMPROVEMENT STORM SEWER. IMPROVEMENT NO. 72 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published on the following proposed improvementi ADDITION FROM EXISTING POND NELY A RISTANCE OF 430 FEET TO A PROPOSED MANHOLE LOCATED APPROXIMATELY 340 FEET, MORE OR LESS, E., AND 678 FEET, MORE OR LESS, N, OF THE S,W. CORNER OF THE NW1/4 OF THE SW1/4 OF SEC. 5, Tc 116, R.21. and at the hearing 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 improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as STORM SEWER IMPROVE- MENT NO, 72; and the area to be specially assessed therefor shall include all lots and tracts of land within the following boundaries: being 50 feet East of center line of Gleason Road; thence East along the center line of Valley View Road a distance of 500 feet; thence North to a point 200 feet South of the North line of Lot 31, Aud. Sub, No. 196 and 338 feet West of the East line of said Lot 31; thence NEly to the N.E. corner of said Lot 31; thence South along the East line of said Lot 31- to the center line of Valley View Road; thence East along the center line of Valley View Road a distance of 65 feet; thence South parallel to and 60 feet West of the East line of Block 4, Chapel Hill Addition to a point in Lot 25, Block 4, Chapel Hill Addition, said point being 40 feet South of the North line of said Lot 25 when measured at right angles thereto; thence SWly to a point on the West line of said Lot 25, the said point being 40 feet South of the N.W. corner of said Lot 25; thence NWly to a point on the center line of St. Patrick's Lane said point being on the North line extended Westerly of Lot 9, Block 1, Elm View 1st 'Addition; thence North along the center line of St,Patrickts Lane a distance of 60 feet; thence on a deflection angle to the left of 90. 00' a distance of 260 feet; thence on a deflection angle to the right of 90° 00' a distance of 185 feet; thence on a deflection angle to the left of 90° 00' a distance of 400 feet; thence North to the point of beginning." CONSTRUCTION OF STORM SEMER AND APPURTENANCES IN PROPOSED VALLEY VISTA "Commencing at a point on the center line of Valley View Road, said point Motion for adoption of the Resolution was seconded by VanValkenburg, and on Rollcall there were five ayes and no nays, MacMillan, aye; Tupa, aye; VanValkenburg, s: Dickson, aye; redesen, aye; and the Resolution was adopted . 8. PUBLIC HEARING ON PROPOSED STORM SEWER AND APPURTENANCES IN SCHOOL ROAD EROM CONCORD AVh;. '1'0 7UQ F 1 GARDENS ADDN. TO THE S.E. CORNER THEREOF: TH. W. ALONG S. LOT LINE EXTENDED OF lte of Cost was given as $12,000.91, proposed to be assessed against 315,412 Square Feet, for s.0380 per Square Foot/ Nanager Hyde explained that petition has been received from three persons for relief of a back yard drainage problem--Messrs. True, Orrben and Terry, at 4733, 4801, and 4805 School Road; and Council took note of the fact that petition has now been filed in opposition by oimers of 28 of the 33 properties proposed to be assessed. Mr. John Field, speaking for the opposition, presented Polaroid pictures taken Saturday morning, after Friday night's heavy rain, showing dry ground in the area asking relief. original idea had been to have a culvert, but that the Village suggested a storm sewer;/ Public Works Director Gans reported that culvert would simply Mr, Orrben, petitioner, told Council the that petitioners suffer more in winter than in summerI 5/$4/62 drain the back-yard water into the street; that it would freeze in the street, rather than in the back yards. while it was being developed, told Council that the contractor \ran dalleys , or "water easements'' into these lots, and that this does take care of the water. Nayor Bredesen suggested that if this matter can be taken care of privately, with installation of a culvert to drain water into the street, the Village permit the installation. and stating he believes street should be able to take this water, moved that petition be denied. Motion seconded by Tupa and carried. Before Nr, Bredesen's comment, Nr. Leroy Winner of the Village Engineering Department had commented he believes water can be drained by gravity from the rear yards into the street. A Mr. Pearson, who said he was in the area Trustee Dickson, agreeing with Mayor's suggestion 9. PUBLIC HEARING ON PROPOSED STORM SEWER FOR WESTBROOK LANE-EDINBROOK LANE AREA, Notice of Public Hearing had set forth the scope of the-proposed work as follows: CONSTRUCTION OF VILLAGE STORE.1 SEVER AND APPURTENANCES IN THE FOLLOWING : NAIN TRUNK STORM SEWER : On liestbrook Lane from !4illpond Place to 125' M. of Millpond Place; From 125' H. of Millpond Place on Westbrook Lane, through Lot 4, Block 1, Tingdale Brothers Brookside Addn., to 10' E, of the E. line of Block 1, Tingdale Brothers Brookside Addn.; From 10' S. of the N. line of Lot 4, Block 1, Tingdale Brothers Brookside Addn.; parallel to and 10' E, of the E. line of Block 1, Tingdale Brothers Brookside Addn. to 10' S. of the S. line of Block 1, Edinbrook Addn.; From 10' E. of the E. line of Block 1, Tingdale Brothers Brookside Addn,; parallel to and 10' S. of the S. line of Block 1, Edinbrook Addn.; to 25' E. of the S.E. Corner of Lot 1, Block 1, Edinbrook Addn.; From 10' S. and 25' E. of the S.E. Corner of Lot 1, Block 1, Edinbrook Addn. to .15' E. of the N.E. Corner of Lot 15, Block 3, Edinbrook Addn. at Hinnehaha Creek. Westbrook Lane from W.48th St. to 125' N. of Millpond Place and the Estimated Cost of this proposed work was given as $35,496.04, proposed to be assessed against 588,060 square feet, for $.060361 per Square Foot. The Vu-Graph Slide shown to the audience showed the area proposed to be assessed for this work. Mr, Hyde explained that, since issuance of the Notice of Hearing, Captain Gans had met with State Highway Department to pay for their portion &f the storm sewer to the extent that their right-of-way contributes to the drainage district; that at this meeting the project was reviewed for the purpose of reducing it if possible, and it was established that since the State is going to be improving Highway #lo0 within the next five to seven years we might make the portion of the sewer in the highway right-of-way of temporary construction rather than the permanent construction initially planned. Therefore, it was decided to change the construction within the right-of-way to open ditch and culvert pipe, thereby reducing the Total Cost to some $19,000 and the assessable cost to $,03 per Squara Foot, with the Highway Department to pay its share for its right-of-way contribution. Tingdale Bros . Brookside (the lot through which it is proposed to lay a pipe) , objecting both to the cost of the project, and necessity of giving easement to village for pipe. Petition was filed, signed by 42 home owners, objecting to the project as originally planned. complete denial but rather in the method, and the cost involved. signed, think this problem that exists, can be handled in a less expensive manner". Nrs. Turnbull asked concerning procedure for proposed easement, and this was explained by Manager Hyde. Mr. Jacobsen, owner of the property on which a culvert now extends from Hestbrook Lane back to the Highway Department right-of-way (swamp), told Council that he keeps the ditch clean into the swamp; that, if he did not do so, Westbrook Lane would be flooded; that the culvert has been replaced by the Village twice,and that he has lost two trees because of water which backs up in the swamp. no benefit from the project, inasmuch as water drains down Edinbrook Lane into a ditch or culvert at Highway #loo, and does not enter Westbrook Lane. informed that the assessment district shown on the Vu-Graph includes their properties because of the catchbasins planned for Edinbrook Lane at #loo; that if the reduced project is approved the assessment district will be reduced. Company at the time the area was being developed, told Council the culvert through Mr. Jacobsen's lot had been installed in 1952; that, since that time there has been work on both N.49th Street and Millpond Place, and that the culvert is at least half full of sand and silt. that culvert and draintile be left where they are, at least for the tinle being. Stating that he would be willing to pay his portion of the cost of having the LATERAL STORH SEWER : A letter was read from Mr. and Mrs. H. G. Turnbull, owners of Lot 4, Block 1, Petition stated, '"The opposition is not in the form of a We, the under- Several owners on Edinbrook Lane told Council their properties would derive They were Mr. A1 Miller, 5044 Edinbrook Lane, who stated he worked for Bruce Construction He suggested that the culvert be cleaned out, and 91 \ 5/14/62 the culvert cleaned out--and that if this does not work, of having a large drain tile put in between Lots 2 and 3, Mr. Miller told Council he believes this would do the job petitioned for, without all the other pipe planned. Project"--that it is designed to drain the area in an ordinany storm--that anything less than this project will not do a satisfactory job, Lane is clogged, and that this is causing part of the trouble, into the swamp and getting the Highway Department to drain the swamp, in view of the planned Highway #lo0 improvement. ditch in the highway right-of-way from W.48th Street to Edinbrook Lane; then a culvert under,EdinBrook Lane, that the ditch can be deepened without complaints from the Highway Department. He added that because of differdng grades within the swamp itself he believes that water will still back up into the culvert in Mr. Jacobsen's property, Trustee Tupa moved that project be tabled for a study on the scene on all methods of draining the property, Mr. J. Lathauer, 4801 Westbrook Lane, told Council he realizes that it is only his neighbor's hard work which keeps his property from flooding; that he believes the plan proposed at this hearing is a good one, and that storm sewer should go in as planned, idea that property owners could get drainage for a lot less money than that proposed this evening; that objecting petitioners want to get rid of the problem of water between Lots 2 and 3, but that they all believe it can be done some other way. that he feels the plan is correct, should be installed now, and will eventually have to be installed anyway--but that in view of Highway plans, for improvement of Highway #lo0 , a temporary solution might be considered, to serve until such timesas final plan for highway is in effect. study cl Captain Gans explained that the project as now planned is a !'Minimal One property owner told Council he believes the culvert under Edinbrook Mayor Bredesen asked if there would be any merit in enlarging the culvert He was informed that there is an open Captain Gans reported that he is doubtful Mr, Turnbull told Council that original petition had been entered with the Mayor Bredesen told the audience that he agrees with Captain Gans completely, Dickson seconded Tupa's motion, and it carried. Project tabled for further RAUENHORST CONSTRUCTION COMPANY REZONING HEARING CONTINUER TO MONDAY, MAY 28. elerk presented ~Aridavit of Publication of "Notice of Public Hearings on Petition for Rezoning from Open Development District to Planned Industrial District, Office Building District, and Community Store District, and Petition for Special Permit for Gasoline Service Station", publication being in Edina- Morningside Courier on May 3 and 10, 1962; also submitting affidavit of posting copies of said notice of hearing on three Village Bulletin Boards as of May 1, 1962. Pursuant to said Notice, Public Hearing was conducted on the petition of Rauenhorst Construction Company for rezoning that part of their proposed f'Normandale Center Industrial Park" set forth in said Notice--the property under consideration for Rezoning lying along the South Village Limits, bounded on the West by Normandale Road, on the East by Wooddale Avenue extended, and on the North by Normandale Center Golf Course and Registered Land Surveys Nos. 679 and 938.; and the special permit requested for Gasoline Service Station (by Texaco, Inc,), is also within the tract described. registered to the proposed rezoning, to the Council the overall plan, reporting that Planning Commission has recommended that only the portion under-consideration tonight be presented for rezoning, now, in order that its development might be watched before rezoning is granted for the balance, and because plans for development of neighboring properties are not yet final. Mr. Helge Thomsen, 4705 Hibiscus Lane, inquired if there were any plans, now, for rezoning the area Worth of the Golf Coume,.and was answered in the negative. there will be any restriction estopping the golf course property from being converted to another and more profitable land use, as land in this area becomes more valuable. Mr. Hite replied that the whole development is based on the golf coursets being at this location; that a petition for rezoning would have to be granted by the Council before it could be used for anything other than one-family dwellings, Mr. Bredesen inquired of Messrs. Rauenhorst and Anderson as to whether they would be willing to provide either a deed restriction or some other covenant prohibiting golf course land from being used for other purposes; and Attorney Hasselquist told Council that, were such restriction providdd it could be terminated after a certain number of years. Mayor Bredesen suggested that the Hearing be continued for two weeks, until May 28, for further Council study of the over-all development plan, and Yam Valkenburg so moved, Motion was seconded by Tupa, and carried, with Dickson voting No, Planning Commission recommendations of May 2 had been reviewed by Council during discussion on this matter, they had for the Planned Industrial District,and Council was informed that there are no proposals for this as yet, but that appljsation has been received for the Office Building District. Notice was approved as to form and ordered placed on file. There were no objections Mr, Hite, Planning Director, presented He inquired as to whether Developers were asked what proposals 92 I 5 /14/62 COUNCIL AUTHORIZES BIDS FOR 114PROVEMENTS FOR RAUENHORST PROPERTY, AWARD TO BE CONTINGENT UPON AFFIRMATIVL ACTlON ON REZONING PEmIO N that the Club House is now nearing completion, and that company would like to open for business at the earliest possible time--but that roads, water, and sewers still need to be constructed. had been completed, and asked that Council consider-taking bids on the required construction, now, so that bids could be awarded on Nay 28, if. Council sees fit to act favorably on the rezoning. It was noted that all land proposed to be assessed for the various improvements is owned by Rauenhorst Construction Company, and that under a new provision of the State Statute it is no longer necessary to have a public hearing on an improvement if petition for same is signed by owners of all assessable property. Resolution and moved its adoption: Mr. Rauenhorst reported He told Council that all the preliminary engineering c Dickson offered the following RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED GRADING G GRAVELLING, SANITARY SEWER, STORM SEWER , HATERMAIN, AND ASPHALT CONCRETE SURFACING AND PORTLAND CEMENT CONCRETE CURB AND GUTTER IMPROVEMENTS, AND DIRECTING ADVERTISEMENT FOR BIDS BE IT RESOLVED by the Village Council of the Village of Edina: PORTLAND CEMENT CONCRETE CURB AND GUTTER IMPROVEMENTS, set forth in the following Advertisement for Bids form, heretofore prepared by Village Consulting Engineer and now on file in the office of the Village Clerk are hereby approved. 2. Courier and the Construction Bulletin the following notice for bids for said improvements: 1. The plans and specifications for the proposed GRADING G GRAVELLING, SANITARY SEWER, STORM SEVER, \lATERMAIN, AND ASPHALT CONCRETE SURFACING AND The Clerk shall cause to be published twice in the Edina-Norningside ADVERTISEMENT FOR BIDS ASPHALT CONCRETE SURFACING AND PORTLAND CENENT CONCRETE CURB AND GUTTER, GRADING & GRAVELLING, SANITARY SEMER, WATERMAIN AND STORM SEtIER SEALED BIDS will be received and opened in the office of the Village Manager in the Edina Village Hall, 4801 11. 50th St., at 11:OO A.M., Friday, Nay 25, 1962, and the Edina Village Council will meet at 7:OO P.M., on blonday, May 28, 1962, to consider said bids, being for the following: 1, CONSTRUCTION OF GRADING AiiD GRAVELLING, ASPHALT CONCRETE GURFACIWG Boundary alvd. between the East Service Drive of Highway $100 and Computer Ave. Computer Ave. from 8oundary Uvd. North approximately 500' to the proposed alignment of W.77th St . Along W.77th St. from a point approximately 350' Hest of Computer Ave, Easterly to a point approximately 250' East of Computer Ave. AND PORTLAND CEMENT CONCRETE CURB AND GUTTER IN THE FOLLOXING: A. 2. CONSTRUCTION OF VILLAGE SANITARY SEWER AND APPURTENANCES IN THE A. Computer Ave. from Boundary Blvd. N. approximately 5QQ' to FOLLOWING : the proposed alignment of W.77th St. Along W.77th St. from a point approximately 350' Hest of Computer Ave. Easterly to a point approximately 250' East of Computer Ave. the proposed alignment of \I. 77th St'. Along W.77th St. from a point approximately 350' West of Computer Ave, Easterly to a point approximately 250' Pest of Computer Ave. 4. CONSTRUCTION OF VILLAGE STORN SEVER AND APPURTENANCES IN THE FOLLOWING: 3. CONSTRUCTION OF VILLAGE WATERI4AIN AND APPURTENANCES IN THE FOLLOWING: A. Computer Ave. from Boundary Blvd. N.'approximately 500' to A. Computer Ave. from Boundary Blvd. Ne approximately 500' to the proposed alignment of He 77th St. Along V.77th St, from a point approximately 350' West of Computer Ave. Easterly to a point approximately 250' East of Computer Ave. Work must be done as described in plans and specifications on file in the office of the Village Clerk. $10.00 (by check), which deposit will be refunded upon return of said plans and specifications. cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten (10) percent of amount of base bid. The Council reserves the right to reject any or all bids. BY ORDER OF THE EDINA VILLAGE COUNCIL, Plans and specifications are available for a deposit of No bids will be considered unless sealed and accompanied by GRETCHEN S. ALDEN Village Clerk 5/14/62 93 3. hereby adopted as the terms and conditions of award of the contracts for said improvements. Motion for adoption of the Resolution was seconded by Tupa, and on Rollcall there VanValkenburg, aye j and Bredesen , aye ; an Each and all of the terms of the foregoing advertisement for bids are /- were five ayes and no nays, as follows: Mayor COUNCIL DISAPPROVES PETITION FOR SPECIAL PERMIT FOR DOUBLE DWELLING AT 6125 YORK. Mayor Bredesen called Public Hearing on the petition of S,J. Schneider for permit to erect a double bungalow at 6125 York Avenue (Lot 2, Block 1, Schneider's Addn,). With the aid of a large sketch, Planning Director Hite showed the site of the proposed double dwelling, together with its location in relation to the Crosstown (See Highway, He reported that theC@%k&k0%as recommended that permit be granted (Corr * because the lot is immediately adjacent'to the Xerxes Avenue access ramp, and thus (Uinoo: the possibility of single-family construction there is slight. (5/28-- 6116 York, disagreed that a single-family dwelling cannot be built on the lot, (p*102 and Mr. S. P, Cheolis, 6113, told Council that a double bungalow would in no way enhance this block on York; that there are no doubles on the block other than this proposed one. Both gentlemen protested the proposal, and inquired as to plans for other vacant lots near the Crosstown, Mr, Hite assured them that the pattern on York Avenue could not extend North, explaining that the Planning Commission has already rejected Mr, Schneider's request for a double on Lot 1-- 6120 York Avenue. petition be rejected-for the time being, In making his motion, Mr, Dickson said that if it becomes evident that a single family dwelling will not be built on this site the matter can again be given consideration. Mr. R. J. Hamm, After some considerable discussion, Dickson moved that the Motion seconded by Tupa and carried. COUI\ICIL VACATES STREETS FOR SCHOOL PURPOSES. (PORTIONS OF COUNTRYSIDE ROAD &ID STUART AVENUE). District No. 273 for Vacation of the following Streets: PUBLIC HEARING was called on the petition of Independent School (a) (b) COUNTRYSIDE ROAD between Tracy Avenue and the West side of Stuart Avenue STUART AVENUE from the South line of Block 2, Broadmore Addition extended in a Westerly direction to meet the South line of Block 3, Broadmore Addition, to L the South line of Block 3, Lyle 2nd Addition as extended in a Westerly direction. Clerk presented Affidavits of Publication of Notice of Hearing, in Edina-Morningside Courier April19 and 26, 1962, and of Posting of said Notice on official bulletin boards April 17. It was noted that Blocks 2, 3 and 4, Broadmore Addition have recently been purchased by the School Board as an elementary school site, thus making the School District the owner of all the property abutting that part of Countryside Road petitioned for Vacation, and the sole owner of the property abutting the 60-foot portion of Stuart Avenue petitioned for Vacation; hut that the School District is also petitioning for Vacation of a 30-foot right-of-way on Stuart Avenue, which abuts an unplatted tract (Parcel 28Q0, Sec.' 32, T.l17,R,21) owned by C,W. Callaghan; that this 3Q-foot tract was dedicated with Broadmore Addition, none of it coming from the Callaghan tract--and that it should all revert to School District No. 273, and no written protests had been received pP&or thereto, to speak the following Resolution and moved its adoption: , No one spoke in objection to the proposed Vacation, Mr. Ward Lewis was present for the School Board on behalf of the Vacation, VanValkenburg offered RESOLUTION VACATIBG STREETS (PORTIONS OF COUNTRYSIDE ROAD AND STUART AVENUE) \$HEREAS, Independent School District No. 273 is the sole ovrner of the land abutting on Countryside Road and that portion of Stuart Avenue hereinafter described in this Resolution and has petitioned for the Vacation of said Road and Avenue; and be had on said petition on May 14, 1462, at 7:OO p.m. has been given and made and a hearing &hereon has been had by the Village Council: of Edina, Hennepin County, Minnesota, that: WHEREAS, two weeks' published notice and posted notice of a hearing to NOW, THEREFORE, BE IT RESOLVED, by the Villagecouncil of the Village All that part of Countryside Road as shown on the plat of Lyle 2nd Addition on file and of record in the office of the Register of Deeds, Hennepin County, Minnesota, lying between the Westerly line of Tracy Avenue as shown on said Plat of Lyle 2nd Addition and the Westerly line of Stuart Avenue as shown on said plat of Lyle 2nd Addition: and also, that all that part of Stuart Avenue as shown on said plat of Lyle 2nd Addition lying between the extension Westerly across said Avenue of the Southerly line of Block 2, Broadmore Addition, according to the map or plat thereof on file and of record in the office of the Register of Deeds , Hennepin County , Minnesota , to the Southeast corner of Block 3, said Broadmore Addition, and the exten- sion Westerly across said Avenue of the Southerly line of Block 3, said Lyle 2nd Addition, shall be and hereby are vacated. Motion for adoption of the Resolution was were five ayes and no nays , as follows : Tupa, and on Rollcall there I D kenburg, aye; and aredesen, aye; and Mayor COUNCIL DENIES REQUEST FOR RETURN OF ATTORNEY'S FEES IN DISMISSED COURT CASE. Council reviewed Municipal Judge Donald S. Burris' report, dated this date, relative to Mr. Ronald V. Payne's request for return of $50 legal fee, paid to an attorney for defense of his son, in a case which was finally dismissed. Burris' report was detailed, setting forth reasons for dismissal, and recommending that request for reimbursement for attorney's fees be denied. Mr. Payne protested, saying he feels traffic tag was illegal in the first place, and that it was illegal for the Judge to ask him to get an attorney to ask for trial by jury. moved for denial of f3r. Payne's request. Motion seconded by MacMillan and carried. SHERlJOOD AVENUE; ACCESS TO OVERHOLT BUILDING DENIED. Mr. Kermit Johnson, President of the Richmond Hills Improvement Association, presented a petition signed by 41 of.the 42 residents living in the Richmond Hills area, objecting to the Sherwood Road access to the Overholt Building, as petitioned for by the Overholt Building employees on January 22. playground is directly across Sherwood Road from the proposed access; that 56 children use the playground; that Sherwood Road is the area's only access to the Highway. was rezoned for Overholt was that no access be given to Sherwood Road. Hyde explained that the only difference between the present and the time of rezoning is that the channelization of traffic at the Sherwood-Highway #I69 intersection makes turning left into the Overholt Building more difficult than it was when the building was rezoned. He added that the Police Department had reviewed petition for access to Sherwood Road, and had approved it. Dickson, Tupa and Bredesen expressed themselves as willing to stand by their promise to the Richmond Hills residents; and Dickson moved that petition for Sherwood Road access to Overholt Building be denied. and carried. Judge VanValkenburg ROAD h. Johnson told Council that the neighborhood park and He reminded Council that one of the provisions made when the property Manager Councilmen !.lotion seconded by Tupa DOWNING STREET I!-lPROVEHENT PROTESTED BY RICHMOND HILLS AREA RESIDENTS. Johnson, President of the Richmond Hills Improvement Association, asked for an opportunity to be heard concerning the proposed improvement of Downing Street, a report on which was scheduled for later in the meeting. the matter of the relocation of Downing Street, which had taken place in 1958, explaining that the owners of the property directly to the East--which is land- locked except for this access--now want the road improved. property abutting both sides of the street, from Sherwood Road east--the only access to the Swendseen-Harvey properties being from the east end of the road, for a 50-foot strip. He told Council that he feels that the Village should not pay for the entire cost of improvement of the road; that while he believes the Village has a moral obligation to provide access to the two properties, it is not yet known whether these two properties can be assessed more than their "per-footage" share of the cost of improvement. The properties requesting access will be developed industrially. objected to any improvement of Downing Street, for the same reasons as given in the protest against the Sherwood Avenue Access to Overholt Building discussion, immediately preceding this--the park and playground, which abuts Downing Street; increased traffic on Sherwood Road, etc. Hayor Bredesen told audience that this matter Bki+i?ga3 of Messrs an all residents in the Richmond Hills area of the Hearing. Mr. Kermit Manager Hyde reviewed The Village owne the Mr. Johnson , and Nr. Dobbelman , another Richmond Hills resident, come before the Council soon for Public Hearing; and upon the request ohnson that they be notified, gave orders that the Clerk notify 9% .I 5/14/62' =-HEARING ON "BROOKSIDE-RUTLEDGE-VANDERVORK-48TH STREET AREA" STORM SEWER DENI&D (S- R NO. 701 request from five residents in the affected area, asking for a re-hearing by the Council on this project, which was officially approved on April 16; that he has replied, pointing out to these residents that it is the Council's prerogative to grant or deny the request; that one hearing has been held and that, pursuant to Council action bids will be taken May 25 and considered by the Council on May 28, at which time the re-hearing could be held if the Council so wishes. affected property owners after the original hearing 94 are opposed and only eight are in favor, against the improvement followed Mr. Lewis' presentation: Mrc Albinson, 5238 Hollywood Road stated he and his neighbors have solved their problems by waterproofing their basements and diverting the water--that this is entirely a personal problem and should be settled privately, The owner at 4813 Rutledge Avenue stated the so-called trouble spots were visited after Friday's rain, and found to he dry. reported he feels that the only problem is at the lower corner of the park, and between this corner and the creek; that drainage could be secured much more economically than by proposed plan. Mr. Hilding Dahl, 4440 Oxford s Avenue, reported that most of his property is now under water because the creek is so high; that when the creek is high the water backs up in the drainage ditch, and that putting more water into the creek will do nothing to solve the problem, Mr. Dan Lang, 4501 Cleveland Avenue, protested that this is not the right time for this proposed storm sewer installation, Harold Erickson, 4812 Rutledge Avenue, reported that there was no water problem whatsoever until the Wilcken lot on Interlachen Blvd. was graded and allowed to remain uncovered--that the problem is largely solved, now that the Wilcken lot is now again in grass, project were Mr, A. R. Larkin, 5217 Hollywood Road, who stated he is sure that this problem cannot be decided by popular vote--that it is a community problem and must be taken care of on a community basis, He added that he becomes very tired of remaking his lawn each time it rains; Mr. Richard Flumerfelt, 5225 Division St., who told Council that an erosion problem has created a ditch at least eight inches deep on his corner, and added he would like to see a storm'sewer in order that the whole area could be improved; and Mr. Flumerfelt's neighbor, a lady who said she agreed with Mr. Flumerfelt--that there could be no decent roads in the area until the storm sewer was installed, Tupa moved that a re-hearing be had on the project on May 28, at time bids are considered. Mayor Bredesen told audience that he is in favor of a re-hearing, but that he is also in favor of the project as originally approved--that he believes it is correctly engineered to provide relief to those persons who are being damaged. Manager Hyde asked that the matter of the much discussed llpetitionll for this project be cleared up--that no formal, signed petition had been received; that a delegation had appeared before the Council to request relief from serious drainage problems. both reported they feel that the planned solution will do no good; and Mr, C.E. Wiser, 4817 Vandervork, objected to being assessed. he believes this area is being assessed for solution to a problem which starts with water coming from Interlachen Blvd,, from the area to the south, Mr. Tupa's motion for a re-hearing on May 28th lost for want of a second, and petition for re-hearing was thus denied. Manager. Hyde explained that he has received a i Mr. Stan'ley Lewis told Council that of a poll taken of He presented the results of his poll. Many protests One man, at 4th and Rutledge, Mr, Those who spoke for the Mr. Lang and Mr. Harold Schwartz He reported SUPER-VALU REQUESTS ACCESS ONTO THIRD STREET, Messrs Winslow and Childs of Super-Valu Stores were present to hear Planning Director Hite review Council action of October 23, 1961, relative to the re-alignment of the boundary between Jefferson and Monroe Avenues and between Hopkins and Edina; one of the stipulations for this re-alignment being that6uper-Valu be prohibited access onto Third Streets. Mr, Hite added he has discussed the matter of Third Street access with Super-Valu officials and can under- stand their need for access on Jefferson; that they also want access on Madison--that any access from either street should be for purpose of going directly out to the Highway on Third Street, and none of the Edina streets should be used for truck traffic, south of Third Street. reported that Super-Valu trucks have access into Edina now; that there is action from Jefferson Avenue to Highway No. 18; that by vacation of Hopkins' Second Street, Super-Valu is forced to use Third Street. Nr, Childs added that Super-Valu can do everything it wishes to do, without a boundary change; that after Council's October 23rd action Super-Valu is left with less than it started with, Third Street who would be affected by this request; and Super-Valu officials were informed that if Mr. Hite is unable to secure neighbors' assent to their request before May 28th the Council will consider the matter in public hearing at the May 28th meeting. Mr, Winslow Mr. Hite was asked to contact those Edina neighbors to 5/14/62 llWATER SOFTENINGt1 ORDINANCE RE-REFERRED TO VILLAGE ATTORNEY. Hr. Packard of Culligan klater Softening Service, and his attorney, Hr. John Mooty , protested proposed "Ordinance No. 68--An Ordinance Regulating the Installation of Water Softening and Filtering Equipment and Establishing Fees Therefor", claiming that it is more restrictive than the State Statute. recommended adoption of the Ordinance, denied this. Wilryan Avenue, and Bob Bowler, 5721 Bernard Place, both in the plumbing business, protested that all they desire is that if an ordinance is adopted it adhere to the state code. Mr. Bowler added that he didn't ask for the ordinance, but that if Council is considering one he feels it should be right. f4r. Packard reported that St.Louis Park has an ordinance which requires bonds, licenses, and permits for water softening work, and that this has been working successfully; that he believes the presently proposed Edina ordinance would not serve the best interests of the public. Mr. Tupa suggested that all parties concerned work together to arrive at an ordinance satisfactory to all, and Ca t in of Village/$%$er?hces r? engaf with attorneys, etc. Tupa then moved that the Ordinance be referred hack to Village Attorney Hasselquist for his opinion as to its agreement with State Code. Motion seconded by VanValkenburg and carried. Captain Gans, who had Messrs Bert Hovde, 6513 I a s reported that this proposed ordinance is the result ORDINANCE NO. 31-1 ADOPTED. Manager Hyde presented this ordinance for Council action, at the recommendation of the Village Sanitarian, explaining that while Ordinance No. 33A provides for the impounding of rabid dogs, it does not provide for impounding of any other animal which has rabies, and that this proposed ordinance will remedy this. moving that Council dispense with second reading and adopt Ordinance as submitted : Tupa offered the following Ordinance, ORDINANCE NO. 31-1 AN ORDINANCE AMENDING ORDINANCE NO. 31, PROVIDING FOR THE IMPOUNDING OR DESTRUCTION OF ANIt4ALS AS A MEASURE OF PROTECTION AGAINST RABIES THE VILLAGE COUhCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1, Ordinance No. 31 of the Village,-entitled "An Ordinance Prohibiting Animals Running at Large, and Establishing a Pound for the Impounding of Such Animals," is hereby amended by adding thereto a section reading as follows : llSec. 10. Impounding or Destruction of Animals Suspected of Rabies. Any animal that has bitten a person shall be taken up and impounded and shall be locked up for at least 14 days separate and apart from other animals and under the supervision oE a veterinarian until it is determined whether said animal had or has rabies. The cost incurred by the Village in carrying out the provisions of this para- graph shall be paid to the Village by the owner of such impounded animal and such cost may be collected by appropriate action in the Municipal Court of the Village. be picked up and destroyed; provided, however, that such animal may be immediately killed if with reasonable effort it cannot first be taken up and impounded, animal shall not be destroyed if the owner thereof makes provisions for a suitable'quarantine for a period of not less than six months Or proof of immunization is furnished and booster injections are given by a licensed veterinarian at the expense of the owner of such animal, I . !!Any animal known to have been bitten or exposed to rabies shall If so picked up and impounded, the Section 2. This Ordinance shall be in full force and effect immediately upon its passage and publication. Motion for waiver of second reading and adoption of Ordinance as offered was seconded by Dickson,.and on Rollcall there were four ayes and one nay, as follows : Bredesen, aye; and the Ordinance was adopted. Dickson, aye ; I.iacI4illan, nay ; Tupa , aye j VanValkenburg, aye ; and Nayor CONTRACTS AWARDED FOR STREET IMPROVEMENTS AND BLACKTOP REPLACEMENT. Tabulations of Bids taken May 11 on several street improvements and replacement of blacktop were presented. Council actions were as hereinafter recorded. BIDS FOR STREET IMPROVEMENTS BA-38, BA-39, BA-40 (Asphalt Concrete Pavement and Portland Cement Concrete Curb and Gutter) A-151 (Asphalt Concrete Pavement Only), and Blacktop Replacement--four bids received, Black Top Service Co. being low bidder, at $47,875,54; Craig J, Alexander, second low at $48,021.27; Northwest Bituminous Co. third low at $49,405.00; and Riegger Roadways, Inc. high bid at $49,845 .SO. Recommendation Tabulations showed the following , and recommendations and Engineer's Estimate was $62,579 .OO. 97 5/14/62 was for award of contract to low bidder, Black Top Service Co. noted that this bid includes Street Improvement No, BA-39--We62nd St, from Concord Avenue to Virginia Avenue, which the Council had requested be bid with an alternate of Portland Cement Concrete Paving. Because the one bid received for'concrete paving was some $1,900 higher on this small project, it was recommended that this project go Asphalt Concrete Paving, and recommendation was for award to Black Top Service Co. on all projects bid on, BID FOR STREET IMPROVEMENT NO, E-17. Tabulation of Bids showed receipt of only one bid, that of McCree & Company, at $74,203.00, compared with Engineerls Estimate of $7Q,56QeQQ, this bid including provision for driveway aprons, Tupa's motion, that bid be awarded to McCree & Company in accordance with Manager's recommendation was seconded by Dickson and carried, It was VanValkenburg SO moved. Motion seconded by Tupa and carried, CONTRACT FOR SODDING BALL FIELDS AT CORNELIA SCHOOL-PARK AWARDED TO HOULE. *Manager Hyde presented Tabulation of Bids taken today, for the sodding of two ball fields at Cornelia School-Park, seven bids, Houle Sod Co. and L,N, Nickel Sod Co, being tied for low hid on the Pasture Sod at $.29 per Yd, , and Braun, Inca being low bidder on 'the Nursery Sod at $.32 per Yd, Bid was on 14,5QO, more or less, yards, Park Department's recommendation was for award to Houle Sod on the Pasture Sod, at $,29 per Yd., and Dickson so moved. and carried. Tabulation showed receipt 'of Motion seconded by VanValkenburg ORDINANCE NO, 131-5, PERMITTING ON- SALE BEER AT GOLF COURSES, ADOPTED, Proposed Ordinance No, 131-5, an Ordinilnce to Permit Sale of Non-Intoxicating - Malt Liquor at Golf Courses, was presented for Council review and action by Village Attorney Hasselquist, provisions of Ordinance having been discussed by Council previously. Council waive second reading and adopt Ordinance as offered: Dickson offered the following Ordinance, moving that ORDINANCE NO. 131-5 AN ORDINANCE AMENDING THE LIQUOR ORDINANCE TO PERMIT SALE OF NON-INTOXICATING MALT LIQUOR (3.2 BEER) AT GOLF COURSES THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1, Paragraph (b) of Section 14 of Ordinance No. 131 of the Village, as amended, is hereby further amended to read as follows: private clubs which have been incorporated for more than 1Q years and which own and operate cluh houses for their members, in which the serving of such liquor is incidental and not the major purpose of such cluh, to regularly established restaurants, and to golf courses and bowling alleys; provided, that no license may be granted to aminor, or to any person convicted of any wilful violation of any law of the United States or the State of Minnesota, or any local ordinance, with regard to the manufacture, sale or distribution of intoxicating liquor. No on-sale license shall be granted to any such restaurant, club, golf course or bowling alley, where such restaurant, club, golf course or bowling alley has not been in operation at that place for at least 6 months immediately preceding such application; provided, however, that the council may waive said requirement of 6 months' operation by a 4/5 vote.11 Sec, 2. "(b) On-sale licenses shall be granted only to . Paragraph (c) of said Section 14 is hereby further amended to read as follows: '!(c) No on or off-sale license shall be gvanted to any theatre, recreational hall or center, dance hall or place where dancing is permitted, or other place of public gathering for the purpose of entertainment, amusement, or playing of games, except golf courses and howling alleys, No license shall be granted for sale on any premises where a license hereunder has been revoked for cause for at least one year after such revocation, except that on unanimous vote of the council such license may he granted at any time after such Sevocation,ll Sec. 3. Paragraph (b) of Section 18 of said ordinance is hereby In any club or restaurant licensed for the on-sale of further amended to read as follows: "(b) non-intoxicating malt liquor, the liquor sold shall be served and consumed at tables in the dining or refreshment room on the licensed premises, and shall not be consumed or served at bars; provided, the same may be served at counters where food is regularly served and consumed. the front of any such place shall be clear glass, and the view of the whole interior shall be unobstructed by Screens, All windows in 98 5/14/62 curtains or partitions. stall, screen, curtain or other device Hhich shall obstruct the view of any part of said room from the general observation of persons in said room; provided, however, that partitions, subdivisions or panels not higher than 48 inches from the floor shall not be construed as in conflict with the foregoing; and provided, however, that such license shall entitle the holder thereof to serve non-intoxicating malt liquors in a separate room of such restaurant to banquets or dinners at which are present not less than 6 persons." Sec, 4. This ordinance shall be in full force and effect from and There shall be no partition, box, after its passage and publication according to law. Motion for waiver of second reading, and adoption of Ordinance as offered, rgas secpnded by MacI4illan. WacNillan , aye ; Tupa , aye ; VanValkenburg, aye ; and Bredesen , aye ; and the Ordinance was adopted. I Rollcall vote was taken, being as follows: Dickson, aye; I-Iayor MAYOR WARNS "NORMA3DALE GOLF" ON llBOTTLE-CLUBBING't . Messrs . Bowen and Rauenhorst of Normandale Golf were present during Council action on Ordinance No. 131-5; and Mayor Bredesen warned them to take all precautions against so-called llbottle- clubbing" or 'lKey-clubbingll at the new golf course.' will be the manager of the new establishment, assured Council that he has already anticipated this problem; that the firm is not willing to jeopardize its invest- ment "for a five cent profit on a drink". Mr. Bowen, stating that he NAYOR ASKS COUNCIL FOR NOt4INATIONS FOR trCOMt41TTEE OX LIBRARY HEEDSt1 . Bredesen asked the members of the Council to submit two or three nominations for membership on the Citizens Committee being formed to study the need for additional library facilities, with names to be submitted before next meeting if possible. Mayor . Mr. Bredesen was excused from the meeting, and Mr. Dickson presided for the balance of the meeting. RURAL HENNEPIN PUBLIC HEALTH NURSING SERVICE REPORT FOR APRIL, 1962, was submitted, reviewed, and ordered placed on file. INPROVEMENT PETITIONS ACCEPTED. submitted by Clerk, and, by motion Tupa, seconded by VanValkenburg and carried, The following Improvement Petitions were were accepted and referred to Engineering Department for programming: Oiling Petitions: 1. Hankerson Ave., Interlachen Blvd. to W.5lst St. 2. Spruce Ave. , Blake Rd. to Grove Place. 3. Kresse Circle, Maloney Ave. to Turnaround, 4. W.6Oth St., Abbott Ave. to Drew Ave. 5. John St,, Maloney Ave. to North Turnaround, 6. IIialoney Ave., Balke Road to East end. 7. W.49th St., Highway.#100 to Brookside Ave. 8. Kaymar Dr., Blake Rd. to Blake Rd. 9. Jeffrey Lane, Blake Rd. to Kaymar Drive. 10. Vilryan Ave,, H.63rd St. to W,64th St. 11. Mildred Ave., W.63rd St, to W.64th St. 12, Hankerson Ave., 1.1.51st St. to I.1.52nd St, 13. 14. 15. 16. 17. 18. Parnell Ave., W.62nd St. to W.63rd St., and SANITARY SEWER - Vandervork Ave., Hollywood Rd. to Division St, BLACKTOPPING WITH CONCRETE CURB AND GUTTER - Ayrshire Blvd. from Grove St., Tracy Ave, to Johnson Dr. W.56th St,, Bernard Place to Dale Ave. 11.56th St., Dale Ave, to Hansen Rd, Rolf Ave., W.63rd St. to W.64th St. York Ave., 1.1.54th St. to W.55th St. . I.T.63rd St. from Parnell Ave. to 121 Ft. East Glengarry Parkway to Dundee Road. NO ACTION TAKEN ON PETITION FOR BLACKTOPPING W.56TH ST. FROM BERNARD PLACE TO HANSEN ROAD. The above entitled petition was presented, with a covering letter signed by all petitioners, stating that petition is signed contingent upon the Village's assuming one third the total cost of the improvement. the general concensus of Council that request is not in order no action was taken on petition. Because it was 5 /14/62! 99 PUBLIC HEARINGS ON' PROPOSED ASSESSMENTS FOR IMPROVEMENTS TENTATIVELY SCHEDULED FOR Jm calculated on some twenty improvement projects. and asked that Council schedule] Mr. Hyde reported that special assessments have now been a date for public hearings, -He suggested-some-other date than a regular meeting night, because of amount of work before Council at regular meetings, June 18 tentatively set for special assessment hearings. PUBLIC HEARINGS ON PROPOSED IMPROVEMENTS SCHEDULED FOR MAY 28. At the recommendation of the Puhlic Works Director, that Hearings on the following improvements be scheduled for May 28, VanValkenburg offered the following Resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARINGS ON PROPOSED PERMANENT STREET SURFACING G CURB AND GUTTER, WATERMAIN , SANITARY SENER AND STORM SEWER IMPROVEMENTS BE IT RESOLVED by the Council of the Village of Edina: The Village Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed PERMANENT STREET SURFACING E CURB AND GUTTER, WATERMAIN, SANITARY SEWER AND STORM SEWER IMPROVEMENTS described in the Form of Notice of Hearing set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to he placed on file in the office of the Village Clerk. the Edina Village Hall, to consider in public hearings the views of all persons interested in said proposed improvements. time, place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publi- cations is to be not less than three days from date of said meeting, which notice shall be in substantially the following form: NOTICE OF PUBLIC HEARINGS ON PERMAI?ENT STREET SURFACING E CONCRETE CURB AND GUTTER 1. 2, This Council shall meet on Monday, May 28, 1962, at 7:OO P.M., in 3, The Clerk is hereby authorized and directed to cause notice of the SANITARY SEWER, HATERMAIN E STORM SEWER EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, May 28, 1962, at 7:OO P.M., to consider the following proposed improvements, to be constructed under the authority granted by MInnesbta Laws- of 1953, Chapter 398, The approximate cost of said improvements is estimated by the Village as set forth below: ESTIMATED COST 1, CONSTRUCTION OF PERMANENT STREET SURFACING AlTD CONCRETE CURB AND GUTTER IN THE FOLLOWING: A, Benton Ave. from Tracy Ave. to Crescent Drive $38,430.76 B, $46,402.96 Wycliffe Rd. from Grove St, North to Dead End; Grove St. from Wycliffe Rd. to Olinger Rd. 2 , CONSTRUCTION OF VILLAGE WATERMAIN AND 'APPURTENANCES ' IN THE FOLLOWING: A, West Fuller St, from France Ave. to Beard Ave.; Beard Ave, from West Fuller St. to W. 55th St.; W.55th St. from Beard Ave, to France Ave. 3. CONSTRUCTION OF VILLAGE STORM SEWER AND APPURTENANCES $61,117.1Q IN THE FOLLOWING: A. From the Southwest corner of Lot 1, Block 1, of Herman Terrace Addn.; thence E, along the N, line of Lots 2 and 1, Block 1, Melody Knolls Addn., a distance of 240' and there terminating. CONSTRUCTION OF VILLAGE SANITARY SEWER AND APPURTENANCES IN THE FOLLOWING: A. $ 3,909,51 4, W.48th St. from Rutledge Aver to 347 feet East $ 3,216.14 The area proposed to he assessed for the cost of the proposed Permanent Street Surfacing and Concrete Curb and Gutter under l-A and l-B above includes all lots and tracts of land abutting the respective streets proposed to be improved. The area proposed to be assessed for the cost of the proposed Watermain Improve- ment under 2-A above includes Lots 9 thru 16 incl., Block 1; Lots 8 thru 14, incl,, Block 2; and Lots 12, 13, 14, Block 3, all in Ivandale Park Near Lake Hearriet; Lots 1 thru 13, incl., West Fuller Street Addition; Lots 1 thru 5, incl., Block 1; Lots 1 thru 5, incl., Block 2; Lots 1 thru 5, incl., Block 3; Lots 1 thru 4, incl,, Block 4; Lots 1, 2 and 3, Block 5; Lots 1 thru 5, incl., Block 6; Lots 1 thru 5, incl., Block 7; Lots 1 thru 4, incl., Block 8; and vacated street all in Woodbury Park Near Lake Harriet; Parcel1400, ParCel1800, Parcel 2000 and Parcel 2200, all in Sec. 20, T. 28, R. 24. The area proposed to be assessed for the cost of the proposed storm sexer improvement under 3-A above includes all lots and tracts of land within the following described boundaries: 5/14/62 'Tommencing at the N.E. corner of Lot 1, Block 1, Herman Terrace; thence S, to the S,E, corner of said Lot 1; thence E. along the I?. line of Lot 1, alock 1, t-jelody Knolls 4th Addition, a distance of 60'; 'thence SWly to a point in said Lot 1 a distance of 20' S. of the N. line and 90' E, of the W. line thereof; thence S. parallel to and 90' E, of the W. line of said Lot 1 a distance of 45'; thence 11. to a point on the 11. line of said Lot 1 55' N. of the S, 11. corner thereof; thence I.J. to a point on the 11. line of Lot 2, Block 1, Xelody Knolls 4th Addition, said point being 35' N, of the S.11. corner thereof j thence SWly to a point on the 11, line of Lot 3, Block 1, Melody Knolls 4th Addition, said point being 1111 S. of the N.W. corner thereof; thence NWly to a point on the \I. line of Lot 6, Block 1, tlelody Knolls 4th Addition, said point being 25' S. of the most Northerly corner thereof; thence NWly to a point on the 'il, line of Lot 5, Block 1, Melody Knolls 4th Addition, said point being 116' N, of the S.W. corner thereof; thence NEly to a point in Lot 4, Block 1, Melody Knolls 4th Addition, said point being 43.5' S. and 11' I.I. of the N.E. corner thereof; thence I?. to a point on the S. right-of-way line of 1.1.56th St. , said point being 11' W. of the N.E. corner of said Lot 4; thence E. to the N.E. corner of Lot 1, Block 1, Donatellets Terrace; thence SEly to a point in Lot 1, Block 1, Herman Terrace, said point being 35' S. and 44' E, of the N.N. corner thereof; thence NEly to the S. right-of-way line of \?.56th St,, said point being 50' W. of the N.E. corner of said Lot 1; thence E, to the point of beginning." 100 I The area proposed to be assessed for the cost of the proposed Sanitary Sewer Improvement under 4-A above includes Lots 2 and 3; Edina Terrace, GRETCHEN Sa ALDEN Village Clerk l4otion for adoption of Resolution was seconded by Tupa, and on Rollcall there were four ayes and no nays, as follows: burg, aye; and Dickson, aye; and the IMPROVEMENT BIDS TO BE TAKEN MAY 25: Pursuant to a recommendation from the Director of Public Works, that bids be taken Hay 25, and considered by the Council on May 28, on several improvement projects, VanValkenburg offered the following Resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR AND DIRECTING ADVERTISEMENT FOR BIDS PROPOSED WATERMAIN IMPROVEMENTS BE IT RESOLVED by the Village Council of the Village of Edina: set forth in the following Advertisement for Bids form, heretofore prepared by the Village Engineer and now on file in the office of the Village Clerk are hereby approved. 2. Courier and the Construction Bulletin the following notice for bids for said improvements : 1. The plans and specifications for the proposed Watermain Improvements The Clerk shall cause to be published twice in the Edina-Morningside ADVERTISEMENT FOR BIDS WATERMAIN S SEALED BIDS will be received and opened in the office of the Village Manager in the Edina Village Hall, 4801 11. 50th St., at 11:OO A.M., Friday, Nay 25, 1962, and the Edina Village Council wi.11 meet at 7:OO P.H., on Nonday, Flay 28, 1962, to consider said bids, being for the following: _- 1. CONSTRUCTION OF VILLAGE WATER14AINS AND APPURTENANCES IN THE FOLLOHING: A. Cherokee Trail from Gleason Rd. to Indian Hills Pass Navaho Trail from Cherokee Trail to Indian Hills Rd. Indian Hills Rd. from Navaho Trail to Indian Hills Pass Indian Hills Pass from Indian Hills Rd. to Gleason Rd. B. Stuart Ave. from Grove St. to 572' South Benton Ave. from Stuart Ave. t.0 Tracy Ave. C. West 67th St. from Cahill Road to the East line of The Heights 3rd Addition Hork must be done as described in plans and specifications on file in the office of the Village Clerk. deposit of $10.00 (by check), which deposit will be refunded upon return of said plans and specifications. accompanied by cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten (10) percent of amount of base bid. BY ORDER OF THE EDINA VILLAGE COUNCIL, Plans and specifications are available for a No bids will be considered unless sealed and The Council reserves the right to reject any or all Bids. GRETCHEN S. ALDEN Village Clerk 5/14/62 3, Each and all of the terms of the foregoing advertisement for bids are hereby adopted as the terms and conditions of award of the contract for said improvement. COUNCIL SCHEDULES PUBLIC HEARINGS FOR MAY 28, ON REQUESTS FOR VARIANCES FROM 'ZONING ORDINANCE REQUIREMENTSr of May 2, recommending favorably on the following requests for variances from the zoning ordinance requirements: Request of John Perry , for five-foot variance in side-yapd requirement at 3705 Chowen Place, National Funds, Inc. - Request for 40-foot lot at Lot 21, Block 5, West Minneapolis Heights - 309 Madison Avenue. Request of Albert Bluhm for 2-foot side yard on Lot 18, Block 2, Brookside Heights - 5033.William Ave. Request of Adolph Larson E Sons, for Side Street Facing (West Shore Drive) on Lot 15, Block 6, Woodhill Addition. Council reviewed Planning Commission action 1, 2, 3, 4, 5. Request-of C, D.-Jacobson, for Side Street Facing Lot 10 , Greenleaf Manor , VanValkenburg moved that Public Hearings on these requests Monday, May 28, at 7:OO P,M, Motion seconded by'MacMillan (Johnson Drive) be scheduled for and carried. STOW'S DELANEY ADDITION-DELANEY REPLAT PRELIMINARY APPROVED., Plat was presented to Council by Planning Director Hite, carrying Planning Commission's May 2nd recommendation for approval, and VanValkenburg moved for approval of Preliminary Plat in accordance with Commission l s 'recommend- ation, This Preliminary Motion seconded by Tupa and carried. CLAGRAMAR ADDITION FINAL PLAT APPROVED, SUBJECT TO PROVISION FOR SEWER AND WATER UTILITIES. of this Final Plat, subject to sewer and water utilities being provided to each lot, was reviewed, and VanValkenburg moved that Council approve Final Plat of Clagramar Addition (presented in preliminapy form as "Callaghan First Addition"), subject to sewer and water utilities being provided to each lot. Motion seconded by Tupa and carried, BOARD OF REVIEW MEETING SCHEDULED FOR FRIDAY,JULY 13, AT 5:OQ P,M, reported receipt of Notice from the County Supervisor 0% Assessments, scheduling Edina's Board of Review Meeting for Friday, July 13. Meeting was set by Council at 5:OO P.M, ' Planning Commission's May 2nd recommendation, for approval Clerk Time of MIDLAND NATIONAL BANK PLEDGES ADDITIONAL COLLATERAL: APPROVED. Clerk submitted May 11th communication from Midland National Bank, pledging $125,000 U.S, Treasnry Notes as collateral for Edina deposits, in addition to the $50,000 municipal securities already pledged, Resolution and moved its adoption: Tupa offered the following RESOLUTION APPROVING ASSIGNMEIPT OF SECURITIES IN LIEU OF BOND MIDLAND NATIONAL 8ANK BE IT RESOLVED, that the Village Council of the Village of Edina approve the assignment by its depository , Midland National Bank 'of Minneapolis Minnesota, of the following securities, as good and sufficient collateral for the Village of Edina Public Funds deposited in said depository: $15,000 City of Moorhead, Minnesota Certificates of Indebtedness of 1954, 1.90% due February 1, 1964, $35,OQQ Independent School District No, 1 Rice County, Minnesota School Building 2.60% Bonds due January 1, 1964, $125,000 U,S, Treasury 4% Notes, Series A-66, Due August 15, 1966 TOTAL - $175,000 Motion for adoption of the Resolution was seconded by MacMillan, and on 5/14/62 WAYNE 3ENNETT APPOINTED PUBLIC SAFETY DIRECTOR AND POLICE CHIEF. recommended the appointment of Police Chief Wayne Bennett to the position of I1Public Safety Director and Police Chief", to head Fire, Polise, and Health Departments and continue as head of Civil Defense, at a total salary, including Civil Defense salary, of $11,100 per year, effective June 1, 1962, and looking toward a salary adjustment for both Mr. Bennett and Mr. J.N. Dalen, Finance Director, to $11,7QO for the year 1963. Manager Hyde (See action after next recommendation) SALARY ADJUSTHENTS MADE, Director of Public Morks and Engineering and the Assistant Engineer, being $25 per month each, scheduled for July 1, be set ahead to June 1; and that the wage'for the classification "Seasonal Temporary Labor, Way 1 to October 1" he established at $1.75 per hour. Mr . Hyde recommended that salary increases for the I VanValkenburg's motion, appointing Wayne Bennett as Public Safety Director and Police Chief at a total salary of $11,100 per year, and authorizing salary adjustments as recommended by the Village Manager, was seconded hy Tupa and carried. CLAINS ACCEPTED FOR PAYI.IEI\IT : ONE EXCEPTED Council reviewed Pre-List dated May 14, showing Claims for payment in the following amounts: General Fund, $15,481.76; Construction Fund, $868.00; Park, Park Construction, and Swim Pool Funds, $3,190.22; Watertiorks Fund, $1,120.13; Liquor Fund, $91,936.61; Sewer Rental Fund, $356.75; Improvement Funds, $113,787.77; and Poor Fund, $241.92--Total $226,983 . 16. Some discussion was had relative to the Village "law library"; and Tupa moved that all claims on Pre-List dated May 14, 1962 be paid except Claim No. 19435, from General Fund, to Bancroft-Whitney Cos, amount $61.10. Motion seconded by VanValkenburg and carried, / WEETINS ADJOURNED at 12:1Q,ACt4., TUESDAY, NAY 15, pursuant to motion by / NacHillan , seconded by VanValkenburg / / / Village Clerk * / / TREASURER'S REPORT FOR WARCH, 1962, AND A SUMMARY OF FINANCIAL "HIGHLIGHTS OF 1961t1 werF submitted by Mr. Dalen for Council review. - t*IINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, HAY 28, 1962, AT 7:OO P.W., AT THE EDINA VILLAGE HALL Members answering Rollcall were Dickson, MacMillan, Tupa and Vanitalkenburg. Mayor Pro Tem Dickson presided in Mayor Bredesen's absence, MacMillan's motion, that May 14, 1962 Minutes be approved subject to the changing of the word "Planning Commissiont1 , was seconded by Tupa and carried. in line six, paragraph 3, Page 93, to Trustee MacMillan introduced to Council and audience a guest from Rotterdam, Holgand, and her :son, who lives in Minnetonka. . COUNCIL GRANTS RAUENHORST CONSTRUCTION COMPANY'S PETITION FOR FEZONII?G. First matter on the agenda was continuation of the May 14, 1962 Public Hearing on the petition of Rauenhorst Construction Company for the rezoning from Open Development District to Community Store District, Office Building District, and Planned Industrial District of certain tracts of land along the South Village Limits, bounded on the I.lest by Normandale Road, on the East by Wooddale Avenue extended, and on the North hy Normandale Center Golf Course and Registered Land Surveys Nos. 679 and 938; and otherwise described as llNorrnandale Center Industrial Park". the entire area, 14r. Hite again reported that the Planning Commission's recommendation for rezoning pertains to only part of the original application area , because the Commission is not willing to commit itself as to the whole area at this time, but prefers to wait for the development of the area now under consideration before considering the area to the north and east. There were no objections registered to the proposed rezoning; and, inasmuch as this matter had been discussed at some length at the last regular meeting by the Council and without objection at that time, VanValkenburg offered the following Ordinance, moving that Council dispense with second reading thereof and adopt Ordinance as submitted: With the aid of a display showing