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HomeMy WebLinkAbout19640203_regularf.. 2/3/64 LKCNUTES OF TI-IE: REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, FEBRUARY 3,1964 AT 7:oo P.M, , AT THE EDINA VILLAGE HALL a ' z .. Members answering Rollcall were NacMiLlan, Rixe, Tupa, VanValkenburg *and Bredesen, MINUTES of the Regular Meeting of January 20, 1964, were approved as submitted, by motion VanValkenburg, seconded by MacMillan and carried. COUNCIL COMMENDS VILLAGE EMPLOYEES : recognized and commended by the Council for: Assessor" , Municipal Administration" from Institute for Training in Municipal AdminisCration" . The Following Village employees were publicly Charles Fietz , Deputy Assessor - Has been qualified as "Certified Piinnesota George Langmack, Administrative Asst, - Has completed course in IITechnique of Police Sgt. George Butler - Alertness in apprehending criminal. Kenneth Rosland, Director Parks and Recreation - Resident compliment on John Blaylock, Asst, Mgr,, 50th St, Liquor Store - Commendation for job well Gretchen Alden, Clerk - Appointment as area correspondent for Int'l. Institute skating rink maintenance. done--on retirement, after LO+ years of service. of Municipal Clerks SANITARY TRUNK SEUER IMPROVEMENT NO C-2, INCLUDING LATERAL CONNECTIONS THERETO AND LIFT STATION, APPROVED AFTER PUBLIC HEARING, Trunk and Lateral Sanitary Sewer and Lift Station", published in Edina-Morningside Courier January 23 and 30, 1964, and "Notice of Public Hearing, Proposed Installation of Sanitary Trunk Sewer C-2", mailed to owners of affected properties January 22, 1964, affidavits of which Publication and Mailing were presented by Clerk, approved as to form and ordered placed on file, Public Hearing was called on the following proposed improvement.: CONSTKUCTIOW OF SANITARY TRUNK SEWER AiJD APPURTENANCES commencing at the existing sanitary sewer on the west side of State Highway #LOO across from Hibiscus Avenue; thence generally Westerly and Northwesterly to County Road No. 18 and Iiortherly along County Road No. 18 to W.l/4 corner of Sec, 6, Township 116, R.21; thence 1Jorth- easterly to Indian Hills Road (all as set forth in detail in published Notice of Pursuant to Wotice of Public Hearing on Hearing and as given on map as part of mailed Notice of Hearing), with LATERAL CONNECTIONS THERETO AND APPURTENANCES for platted lots along the route of the Trunk Sewer, and LIFT STATION to be constructed in that part of the sewer line crossing Nelson Farm. A Vu-Graph Slide was shown of the route of the proposed Trunk Sewer, together with the area proposed to be assessed therefor, and the cost of the proposed project was given as follows: FOR THE PROPOSED TRUHK SEER AND LATERAL CONNECTIONS THERETO - $704,212.00 this amount including $134,936.00 payable toc-1 Trunk Sewer District as C-2's share of the cost of building the C-1 pipe and lift station C-2 will use, based upon percent of total flow (27%) and comitted to C-1 at the time C-1 was constructed. FOR THE PROPOSED LIFT STATION IN NELSON EAR14 - -$ 15,788oOO TOTAL ESTIMATED COST $720,000 ,OO Proposed to be Assessed as follows: klhere Trunk Sewer Only is Provided: Unplatted area - $500 per acre Platted property-$285 per lot Any area zoned for multiple residence purposes would be assessed at five _L times the rate proposed for single-family trunk assessment. Where Trunk Sewer is used as lateral sewer by direct connection €rom property and where lot connection is installed as part of this project'- $750 per connection -- except that for lands zoned other than single family usage, the lateral assessment is proposed at $7.50 per front foot abutting on the trunk th se proposed assessments being calculated on the premise that the 430-acre parc and golf course will pay an assessment of $43,200 for Trunk Sewer and $2,250 for lateral service, based on 208 of land buildable, and three lateral connections. For the Proposed Lift Station Nelson Farm - $15,788.00 (Entire Cost) proposed to be assessed against only that tract of land benefited by said lift station, being a part of the Nelson Farm, Manager Myde reviewed briefly the history of the project, stating it had been ~een before the Council twice before, in 1956 and 1962; that since the Public Hearing of 1962, con- siderable additional planning has been done by Village Engineers, consulting engineers have been called in, and the result is now a plan which involves a shallower sewer than that originally planned, which will need four or five small lift stations, which lift stations are proposed to be constructed at the time laterals are constructed for the 2/3/64 for the area--total cost of trunk and lift stations being $789,212, as compared with 1962 projected total cost of $929,538. which does not have Trunk Sanitary Sewer; that it comprises some 1800 acres, owners of some 500 acres of which have requested the service. PIr. Hyde said many questions had been received from the audience, and most of them had He added this is the last area in Edina In reviewing the Informal Public Hearing on this project, held Honday, January 27, been answered; that the questions most pertinent to this Hearing are: 4 1. 2. 3. 4. Answering Question 3 first, Mr. Hyde reported that we do not know, and Eden trhy shouldn'Z the Park-Golf Course pay more? Why aren't all the Lift Stations included as part of the project? Vi11 Eden Prairie use Edina's sewer, and what will be charged if What about the proposed Southwest Diagonal Sewer being tentatively they do want to use it? planned €or Eden Prairie-Bloomington? ' Prairie officials do not know, that they will ever have a need to use Edina's sewer-- that, because of the limited capacity of our sewer, we can give Eden Prairie capacity only on a temporary basis, for which they would be charged on a Itper cubic-foot-per- second basis--part of which charge would be put into the fund for capital improvements, with Edina assessments correspondingly reduced. ib. Hyde reported that although the line along Nine-Mile Creek in Bloomington and Eden Prairie has been discussed, there is no information, now, on when it will be constructed, or how it will be financed; that if the line follows the tantatively proposed Nine-Hile Creek location, Trunk Sewer C-2 can be connected by a line down Normandale iioad. Relative to the question concerning payment by the 430-acre Village-owned Park and Golf Course, LSr. Hyde reported that he has been attempting to find out what other communities have done along this line; that there are many forinulae followed and no standard paractice. He added that Interlachen Golf Course was assessed on a "per assessable front foot basis", which assessment equalled an assessment against 50% of its acreage As to the Southwest Diagonal Sewer and its relation to this proposed trunk line, Discussion on the proposed project was opened by I&. Carl Eiken, 7200 Normandale Road, who objected to the sewer's being routed through the middle of his land and asked that it be re-routed to the boundary. grant his request, but that if it could not be granted he would be compensated for damages. E4r. Hyde toLd him every effort would be made to Engineer Hite added he feels re-routing can be accomplished. I. I4r. Darrell Boyd, 7204 Shannon Drive, read to the Council a petition carrying some 60+ signatures, saking that "no proposed plat be accepted which requires extensive modification of existing terrain which would destroy the natural beauty of this areaf1, and, among other stipulations, that ''where new lots are adjacent to existing residential areas and where a reduction in lot size is proposed, a buffer zone of intermediate sized lots shall be established." of the petition by saying it is signed by a group of Prospect Hills area residents who do not oppose the trunk sewer as such, and feel that $285 per lot is not an unreasonable price to pay for the service, but who are concerned that installation of the sewer will accelerate development of unplatted property and wish to protect the residential aspects of Prospect Hills and the surrounding area. Me added that special concern is had relative to the 14.P. Johnson and Fjeldheim tracts, for which some two or three lots per acre are planned, rather than the formula of 1-3/11 lots per acre set forth as assessment for the Sanitary Trunk Sewer. Hayor Bredesen, referring petition to Planning Commission for study, told petitioners the Commission is guided in its recommendations, and the Council is guided in its consideration of plats, by the provisions of the present Zoning Ordinance; that the requests contained in the petition are constructive, but that legal troubles could ensue if Council attempted to enforce stronger restrictions than those set forth in the ordinance. ldr. Boyd prefaced his reading I Petitions, signed by some 75 property owners;. requesting simply that "proposed project Trunk Sewer C-2 be rejected and discarded in its entirety" was presented, representing the Indian Hills, Valley View Road area. Letters from J. A. Danens E Son, owner of 78 acres; R.H.P. Investment Co., owner of 21 acres; Wayne L. Twito, owner of Lot 2, Block 1, Schey's Park View Addition; Q. A. Collins, owner of seven acres; and Arvid Carlson & Son, Inc., owners of 37 acres, all in favor of project, were read. Mr. Herrill Gunderson, 5919 Dewey Hill Road, told Council the najority of actual residents of the area oppose the project; that he objects strongly to being asked to subsidize developers, who have no one living in the area at present and who are going to make a profit in selling their new homes; that if developers and the golf course want sewer they should pay €or it. As to Mr. Gunderson's statement about the golf course, Hayor Bredesen reported the Golf Course can be adequately served by a private sewage disBosal system at a much less cost than the assessment proposed for the trunk sewer line--that the project is not proposed because of the golf course. It was added that the 334 platted lots 3- 2/3/64 now existing in the assessable area would pay $95,000 of the proposed $704,212,00, cost of the sewer; thus it is doubtful this could be considered as "subsidizing" the as yet undeveloped tracts. zr Hr, A. Sedgwick, Mark Terrace Drive, asked to go on record as seconding the remarks made by 14r, Boyd concerning platting of property and size of lots, adding that platting regulations even have an ef€ect on the school system. I4r. Sedgwick went on to say that while he has no real objection to the trunk line, he is concerned that if laterals are put into Mark Terrace Drive he will be in considerable trouble with his neighbors because he was a proponent of a recently completed street surfacing project here, after receipt of estimate from Village office that "sewer will not go in for several years"--that he thinks Village should pay the cost of street surfacing if laterals go in soon. Nr. J. 0. Florence, 6716 Vest Trail, told Council he favors the project because he would like to save others from the inconveniences and expense he, himself, has experienced at his home; that every two months he has sewage flowing down his hill- and that everyone else in his neighborhood of twenty-five homes is having some difficulty with private sewage systems, to a greater or lesser degree. Llr. life1 Jensen, 6939 Valley View Road, took exception to i4r. Florence's remarks, saying private systems must pass Village inspections, and that, therefore, there must be something wrong with Village specifications if blr. Florence is dissatisfied with his system--that many people in Indian Hills have had private disposal systems €or years and have experienced no trouble. 73 ;#a 2, * rJ i4anager Hyde reviewed the matter of specifications on private disposal systems for klr. Jensen, saying the troubles experienced by the Dr, \?right and Florence residences had caused the Village to strengthen its specifications; that, at the time these two resiaences were built, the Village did not require soil percolation tests--and that the results of the percolation tests have caused the Village to withhold development in areas where the soil cannot support private disposal systems. ih, Jensen maintained that old residents are being forced out of Edina by large scale residential developers and by industrial developments; that if the trunk sewer must come, those who want it should pay for it. 14r. Norman Kautz, 6709 Nest Trail, said he has discussed the sewer with a number of people in his area; that he and they are not opposed; that $285 to him is good insurance; that he has had trouble with his new system, although it is working well now. Mr, Gordon Schuster, 5809 Dewey Hill Road, speaking about the proposed $45,450 assessment for the golf course-park, said he was concerned about the proposed "use" basis of assessment for this tract. before, saying he feels the policy should be reviewed. lifayor Bredesen told 14r. Schuster that, while the proposed assessment for this tract could not be definitely set at this time (and not until the assessment hearing, after the work is completed), he is willing to go on record as feeling the proposed assessment is too little--that the Village should pay more. high hills, would be about 50% buildable, and that on that basis khatild pay about $98,000 as its share of the assessment, to him that the Village should pay on the same basis as all the other property in area. He asked if the Village had ever used this basis He suggested that this tract, with watery, swampy lands, and extremely Mr, Schuster said Engineer Hite had recommended As to development, Mr. Schuster told Council he has sixty acres of beautiful rolling land, suitable for some Lo-Jely homesites--but not 1-3/4 per acre--but that if the sewer ia installed, there is going to be pressure to use a11 possible homesites-- that sewer extension will hasten the change in the face of Edina, and that Edina will grow until land is full and then it will die, Saying that development will come whether we like to see it or not--that it cannot be stopped and that it is best to plan for it, rather than to have it proceed in a haphazard and disorderly manner, with resultant public health hazards and in- conveniences, 14r, Hyde reported that the intersection of Highways #494 and #lo0 has been classified as the most accessible intersection in the metropolitan area, and the area around it the most productive of growth, llrs. Paul Durbahn, 7712 GLasgow Drive, said she lis concerned that she and her neighbors will have to pay for the trunk, and will never get laterals because they are on the borderline of the Village, far from the trunk main; and a lady on W.78th Street inquired as to what could be done if this area needs lateral service soon, inasmuch as there is considerable undeveloped property between them and the trunk line. i4r. Hyde said that development of the presently vacant tracts will not be long in coming, and that as development continues between the Indian Hills area and 78th Street, laterals will be extended; and Mr, Hite added that if serious public health troubles develop in this area, present policies concerning laterals--which are now installed only by petition--can be relaxed, and Council can extend laterals through undeveloped land, this being an emergency matter, 2/3/64 Dr. Warren Brown, Abercrombie Drive, reviewed briefly the statements made by i"* those in the area now having troubles with their private sewage disposal systems, ' saying that when people get to the point of sacrificing health for the price of a trunk sewer he feels they are being "penny wise and pound foolish", that he- feels the project should be expedited, Trustee Tupa offered the following Resolution and moved its adoption, saying he offers the Resolution in view of the facts that the proposal has been under discussion for over nine years, that during that time some public health problems have developed, that the Village has progressed to its present size from an area of farms and comfields, and that progress cannot be stopped: RE SOLUTION ORDERING It4PROVE 1ENT SAliITARY SEWER IMPROVEl4ENT NO. 210 (BEING SANITARY THERETO, AND LIFT STATION TRUEK SEHER HO. C-2, TOGETHER HITH LATERAL CONlK€CTIOT(S ~ BE IT RESOLVED by the Council of the Village of Edina, Hinnesota, that this Council heretofore caused notice of hearing to be duly published on the following proposed improvement : CONSTRUCTION OF VILLAGE "C-2 TRUNK SANITARY SEI;IER MID APPURTEMAYCES , LATERAL CONNECTIONS THERETO AND AF'PURTEIJANCES , AND LIFT STATION AND APPURTENANCES IS THE FOLLOWING : Commencing at the existing sanitary sewer on the west side of State Highway I100 across from Hibiscus Avenue; thence west approximately 300 feet to the west side of Nine Idile Creek; thence south, approxi- mately 800 feet, to the north line of the south half of Section 9, Township 116, Range 21; thence west along said north line and the north line of the south half of Section 8, Township 116, Range 21, and Dewey Hill Road, to the center of Section 8, Township 116, Range 21; thence northerly and westerly aLong proposed streets and property lines to a point on Shannon Drive, approximately 500 feet north of Dewey Hill Road; thence southerly along Shannon Drive to Dewey Hill Road; thence west along Dewey Hill.Road to proposed Gleason Road; thence northerly along proposed GLeason Road approximately 900 feet; thence westerly and northwesterly through park property north of Edina Golf Course to the center of the Novtheast One Quarter (NE1/4) of Section 7, Township 116, Range 21; thence northwesterly along proposed streets and easements to Valley View Road; thence westerly on Valley V&ew thence northerly along proposed streets to the intersection of Sioux Trail and Sally Lane; thence westerLy along Sioux Trail to County Road i-o* 18; thence northerly along County Road No. 18 to the west 1/4 corner of Section 6, Township 116, Range 21; thence northeasterly on a proposed easement, approximately 500 €eet, to Indian Hills Road and there terminating; Road to a point approximately 500 feet east of County Road 130.18; 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 SANITARY SEWER Xi+IPROVEi.IEHT NO. 210, and the areas to be specially assessed therefor shall be as follows: FOR THE PROPOSED LATERAL SANITARY SENER CONNECTIONS TO THE C-2 TRUNK SANITARY SEWER - All lots and tracts of land abutting the above described location of the sewer. FOR THE PROPOSED LIFT STATION - All lots and tracts of land within the following described boundaries: Government Lots Three (3) and Four (4) in Section 9, Township 116, Range 21, and the east one half (E1/2) of the Southeast Quarter (SE1/4) of Section 8, Township 116, Range 21. FOE THE PROPOSED C-2 TRUNK SANITARY SEWER - All lots and tracts of land within the following described boundaries: I 2/3/64 "Beginning at the intersection of the #lo0 and the south line of Government Range 21; thence northwesterly to the west right-of-way line of Highway Lot 2, Section 9, Township 116, northwest corner of said Lot 2; '5 i thence northerly along the westerly line of Section 9, Township 116, range 21 to a point on said west line distant 200 feet south of the center line of County Road No. 28 (W.70th St.); thence northwesterly parallel to and 200 feet south of said center line to the inter- section with the north Line of Lot 1, Block 2, Amundson's Terrace; thence westerly along the north line of Lot 1, Block 2, Amundson's Terrace and its westerly extension to the center line of Cahill Read; thence south along'said center line to a point distant 271.8 feet south of the north line of Section 8, Township 116, Range 21; thence west parallel to and 271.8 feet south of said north line of Section 8 to the east line of Carolane Addition; thence south to the southeast corner of Lot 2, Block 1, Carolane Addition; thence westerly along the southerly line of Carolane Addition to the northeast corner of Lot 4, Block 2, Hondo Addition; thence south to the southeast corner of Lot 8, Block 1, Hondo Addition; thence northwesterly to the southwest corner of Lot 6, Block 1, Hondo Addition; thence north to a point on the west line of Lot 4, Block 1, Hondo Addition, which point is 20 feet south of the northwest corner of said Lot 4, Block 1; thence northwesterly to the northeast corner of Lot 2, Prospect Hills; thence westerly to the northwest corner of Lot 3, Prospect Hills; thence northwesterly to the northeast corner of Lot 6, Prospect Hills; thence westerly to the north- west corner thereof; thence northwesterly to the northwest corner of Lot 7, Prospect Hills; thence westerly to the northwest corner thereof; thence north to the northeast corner of Outlot 1, Elm View First Addition; thence west to the northwest corner of said Outlot 1; thence north to a point which is 189 feet west of the east line of Section 6, Township 116, Range 21 and 600 feet south of the centerline of County Road No. 39; thence west to a point which is 500 feet west of the east line of Section 6, Township 116, Range 21 and 600 feet south of the center line of County Road No, 39; thence north to a point which is 500 feet west of the east line of Section 6, Township 116, Range 21, and 200 feet south of the center line of County Road No, 39; thence west to a point which is 200 feet south of the intersection of the center lines of County Road #39 and Gleason Road measured at right angles to the aenter line of said County Koad #39; thence northerly to the intersection of said center lines; thence northerly along the center line of Gleason Road to a point which is 200 feet north of the north line of the southeast 1/4 of the southeast 1/4 of Section 6, Township 116, Range 21; thence west parallel with said north line to the east line of Block 3, Indian Hills; thence northerly along said east line of Block 3, to the northeast corner of Lot 2, Block 3, Indian Hills; thence west to the southwest corner of Lot 2, Block 1, Cherokee Hills; thence north to the southeast corner of Lot 3, Block 2, Indian Hills; thence westerly to the southwest corner of said Lot 3; thence northerly to the northwest corner of said Lot 3; thence east to the northeast corner of said Lot 3; thence north to the northeast corner of Lot 2, Block 2, Indian Hills; thence westerly to the northwest corner of said Lot 2; thence southwesterly to the southeast corner of Lot 1, Block 7, Indian Hills; thence westerly to the southwest corner thereof; thence northerly to the northwest corner thereof; thence north- easterly to the most southerly corner of Lot 2, said Block 7; thence northerly to the northwest covner thereof; thence northerly to the south- west corner of Lot 9, Block 1, Indian Hills; thence northerly to the northwest corner thereof; thence northerly to the southeast corner of Lot 18, Auditor's Subdivision No. 196; thence westerly to the southwest corner thereof; thence northerly along the westerly line of Lot 18 a distance of 120 feet to the northerly line of Lot 19 Auditor's Subdivision No, 196; thence westerly along the northerly line of Lot 19 and its west- erly extension to the southeast corner of the northwest 1/4 of the north- west 1/4 of Section 6, Township 116, Range 21; thence northerly along the easterly line of said northwest 1/4 of the northwest 1/4 to the southeaa& corner of Lot 4, Auditor's Subdivision No. 196; thence westerly and north- westerly along the southerly line of said Lot 4 to the southeasterly right- of-way line of Highway #169-212; thence southwesterly to the southeast corner of Lot 3, Auditor's Subdivision No. 196; thence westerly along the south line of Lots 3 and 1, Auditor's Subdivision ifo* 196 to the west line of Section 6, Township 116, Range 21; thence southerly along the westerly line of Section 6 and 7, Township 116, Range 21 to the southwest corner of Section 7, Township 116, Range 21; thence east along the south lines of Sections 7, 8 and 9, Township 116, Range 21 to the west right-of-way line of State Highway No. 100; thence north along said right-of-way line to the point of beginning." . 2/3/64 blotion for adoption of the Resolution was seconded by VanValkenburg, and on :I h 2/3/64 PUBLIC HEARING OW REZOMING SW CORNER VALLEY VIEW ROAD AND .IJOODDALE AVE. FOR 80-UNIT ___~ - APARTHEIJT, CONTINUED TO FEBRUARY 17, FOR VILLAGE ATTORNEY'S OPINION, Affidavits of Publication, Posting and Mailing of "Notice of Public Hearing on Petition for Rezon- ing from Community Store District to R-5 Multiple Residence Districtf', were.presented by Clerk, approved as to form and ordered placed on file. Public Hearing was held on the petition of blr, Chester Jensen, 5221 W.62nd St., and others, for the Rezoning from Community Store District to R-5 NULTIPLE RESIDENCE DISTRICT of the following described tract of land: "That tract of land situated in Section 19, Township 28N, Range 24k1, described as follows: 'Beginning at the Southeast Corner of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4); thence West along the South line thereof 400.0 feet; thence North and parallel to the East line of said Southeast Quarter (SE1/4) of Southwest Quarter (SWl/4) 411b0 feet to the center of Valley View Road as travelled; thence Southeasterly along the said center line of Valley View Road 422.0 feet to the East line of said Southwest Quarter (SW1/4); thence South 282,O feet to the place of beginning. 'I1 Wooddale Avenue, surrounding area, Planning Director George Hite pointed out for the large audience present the uses of the surrounding lands, recommended that the property be rezoned from Community Store District to R-5 Itlultiple Residence District, and that applicants be permitted to construct an 80-unit apartment building on this tract, posed apartment building which is now and will continue to be controlled by the 'Village for water storage; that the pond is there nowI and will always remain, added that the Planning Commission feels R-5 l4ultipl.e Residence District is more compatible with use of surrounding lands than is Community Store, and that the proposed apartment will be an asset to both the Village and the surrounding area. proposed building, saying it will be five storied high €rom the level of Valley View Road at Wooddale, with penthouses on the fifth floor being set back to as not to accentuate the height. The building will be six stories-plus-penthouse from the south, floors will contain enclosed parking garages, storage rooms, and other facilities €or common use, such as recreation and laundry rooms; that the lowest level will open out onto a large patio or promenade area which contains a swimming pool. pool will be contained on the property owned by petitioners, and not as part of present I1pond1'). He added that there will be no outside parking, and no outside deliveries-- that ail parking for both residents and guests will be contained inside the building. The audience was interested in having the building'located in relation to the present pond and swamp* Hr. Hite explained that the Village has water storage rights for $he area to the south and west of the proposed building, and will continue to keep such rights--but that the building will be constructed on property which is now partially subject to flooding--this being the southerly approximately one quarter of the property owned by petitioners--all of which is North of the floating bog in the present pond; that the pond will remain in the control of the Village. added, at another question from the audience, that at the time the storm sewer project was designed it was anticipated that a building would be built on the tract now under consideration and that there would be complete runoff; that, therefore, capacity of pond is sufficient to take this runoff. A question was raised as to improvement of 14r. Trieberg said the proponents of the building proposal will do no work beyond their own property line; that they have no authority for such work, and it is the responsibility of the Village. Hr. Trieberg was asked by someone from the audience concerning the certainty of the promenade and swimming pool set forth as part of the plan, and answered, t'At the present time we plan to include swimming pool and promenade". that parking regulations which have to be met are established by the Village at 1-1/2 stalls per dwelling unit--and that experience with apartments in other areas has shown this to be more than adequate. of several in the audience that 1-1/2 stalls per dwelling unit would be insufficient to accommodate the type of residents who would rent luxury apartments. One lady, who said she lived in the residence closest to the proposed building, said she feels this is a huge building for the area into which it is proposed to go; that it is not in keeping with the general area surrounding it, and that it is not fitting for the Village of Edina to allow it. though the building is large, he feels that if he were living in this residence he would sooner live next door to the proposed apartment than to many of the establishments permitted under the Community Store District Zoning without any hearing, I4r. Bill Flaskamp, 5309 Minnehaha Blvd., who described himself as 'attorney for a group'of disgruntled home owners' told Council the area surrounding proposed apartment is predominantly one of $22,000 to $35,000 single family homes; that this proposal is for the largest encroachment on residential property yet considered in Edina; that the area home owners are all wi+g to let the Community Store Zoning continue in existance and take their chances on construction of a small commercial development, rather than this massive building. Pursuant to Notice given, This property is located at the Southwest corner of Valley View Road and Showing a Vu-Graph Slide of the area proposed to be rezoned, together with the He reported the Planning Commission has He reported there is land to the west and south of the pro- He Ib. Trieberg, Architect for the proposed apartment, presented sketches of the Explaining the interior plan, Mr, Trieberg told the group that the lower two (Swimming Mr. Hite , the pond-swamp. A question was then asked concerning provision €or parking, 14s. Hite replied Some discussion ensued, it being the opinion Mayor Bredesen suggested that even Mr. Flaskamp presented petitions, signed by some 111 persons 2/3/64 U in the Valley View Road,St.Johns Ave., Ashcroft Ave., ing to the apartment proposal and asking that Council rezoning. For the information of the Council he also Garrison Lane area, all object- deny the Jensen petition for presented an aerial photo, d - showing those protesting, those in favor, and those not contacted, within a radius of 500 feet of apartment proposal, the sentiment of area residents being overMhelmingly against the proposal. petitioners need not come before the Council 5oC-a.hearing on this project; that under the terms of the Village Zoning Ordinance multi-family dwellings are permitted in both fhe Open Development and Community Store Districts; that proponents would have a perfect right to apply for a building permit and, if it were not granted, to test the problem in the court for arbitrariness and capriciousness, understanding of proponents that there is not unanimity in the neighborhood as to whether neighbors want to retain the swamp OD have it dredged for a lake. that proponents have checked the neighborhood, and find that many of the names on the opposition petition are there only because of a tendency for people to sign to be in agreement with their neighbors. apartment with that of several large commercial establishments in his attempt to shorg the excessive size of this building compared with those of surrounding residences, and compared the number of dwelling units in this establishment with the dwelling units on Country Club and other Edina streets, to make his point that apartment will mean a great increase in the population of a very small area. He added that three apartment pnoposals now before Council for consideration will mean a 5% increase in the Village's pppulation. building on the proposed apartment site, because traffic and noise for an office building cease at 5 plm., whereas apartment noise continues until late in the evening, hood that the building is wholly out of proportion to exzting structures which surround it. going to develop the pond and promenade--that, knowing the water, he €eels it is ludicruous to suggest that there be sailing there. discussion one objector had mentioned that it won't take long for Edina to reach its saturation point on apartments at the rate they are now being proposed, and to this Hr. Green replied each proposition should be considered on its own merits; that it is the number of people in apartment units which should be considered, rather than the number of dwelling units. He added he feels the Council cannot, realistically, delay this project; that his clients have a legal right to build a hotel at this site, right now. dwellings within 500 feet of the proposed apartment, and lives in one of them, said he is all fot the apartment; he believes it will be an asset to the neighborhood and the entire community; he too believes that if theproponents wish to be hard about this matter they can come right in, now, and build, Hr. White, 6205 St.Johns Avenue, inquired about the proposed setback of the building, asking if his setback meets the requirements of the R-5 Zoning for building over three stories high. granted for the setback from Valley View Road at Wooddale Avenue. are very optimistic. swimming pool and promenade shown as part of the proposal for the apartment, asked Xr. Green, "Does this proposal include promenade and swimming pool? tlr. Green's reply was , "This is the plan, absolutely." I-irs. Ballard, Nancy Lane, inquired about rentals through the County as to those apartments now in existence, saying practically none of them are 100% rented; replied rhe Planning Commission has requested an economic analysis relative to apartment needs. Llr. Hyde reported that if the building valuation is approximately $1,000,000, total tax levy will be about $36,000, of which the School District will get roughly 2/3, the Village 12% and State and County the balance. what goes on this site, and klayor Bredesen replied that, personally, he doesn't want to be a party to legislating somebody else's business. He added he would like to have the Village Attorney's opinion. He asked why it must be so large, unless this is simply a matter of economics. recommended that as a last report a study could be made of alternate proposals. out about the proposal, relative to development of the pond, etc; that from comments made tonight, proponents will work up to the line of their property only; that they have no obligation nor even right -to do anything else; and that apparently they do have the right to build anything they wish. to an area of homes, not one of apartments, bIr. McDemott suggested that while it might be too late to save this particular spot, the Planning Commission should review similarly zoned tracts , 1-k. Kenneth Green, attorney for the proponents, told Council he believes He stated it is tne He added I Fir, Glenn Ballard, Nancy Lane, compared the square footage of this proposed Mr. Ballard said he would prefer to see an office i-ir. Richard Aaron, 6112 Kellogg Avenue, said there &s unanimity in the neighbor- He added that the proponents of the apartment plan suggest they are Nr, Green replied the sailing is a Village problem--not the proponents', During I Hr. William Olson, 4516-18 Valley View Road, who stated he is the owner of two Hr. Hite replied that a setback variance will have to be Hr. Flaskamp told Council he feels Idr. Green's comments concerning court action Trustee VanValkenburg, saying there seems to be some general confusion about the Is this the elan?" Hr. Hyde . Request was made for tax information. . l-lrs. Milliam Olson inquired as to whether we really have very much to say about Sir. Berg, 6109 St,Johns, suggested that the issue is simply the size of the building. He Hr. Hugh McDermott, 6101 Ashcroft Avenue, said he resented the information handed Adding that in moving to this area he moved 2/3/64 Q 33 U u u As to the size of the building, Architect Trieberg reported that the height, will never exceed 65 feet from aater level, including penthouses. He added that the area between the proposed building and surrounding single family dwellings is considerable--that the St.Johns Avenue lots are deep lots and there is a Village- owned tract some 100 feet wide between these lots and the building; thuscthere should be some three hundred feet between the buildng and nearest residences; also, that he feels Mr. Ballard's statements of comparison of Zloor areas are not quite fair in that this building is multi-story, with a11 parking inside,and the others are mostly single story, with outdoor parking. area was being included in the floor area at the apartment but not in the other buildings . matter, regardless of Nr. Green's suggestions concerning court action. Mr. Bredesen replied that these court actions must be defended by expenditure of the taxpayers' moneys; that the Council does not wish to go to Court unless there is some good chance of winning. the two attorneys he will, with the permission of the Council, request an opinion from the Village Attorney on this matter, and continue the Public Hearing until February 17, pending receipt of said opinion. No objections by the Council and it was so ordered. He added that basement Nr. Ballard suggested that the Council set forth its own feelings on this He added that in view of the differences expressed by COUNCIL VACATES 30-FOOT. UNNAMED STREET, AFTER PUdLIC HEARING. Affidavits of Published, Posted and Nailed "Notice of Public Hearing on Proposed Vacation of Unnamed 30-FOOt Public Right-of-Way", which affidavits were approved as to form and ordered placed on file, Pursuant to due notice given, Public Hearing was conducted on the proposed Vacation of that Unnamed 30-Foot Public Right-of-Way lying between Lots 19 and 20, Block 1, Code's Highview Park and Block 3, Replat of Lot 6 and S1/2 Lot 5, Block I, Code's Highview Park; this r/w extending for 139.57 feet, more or less North of the North line of Benton Avenue. The matter of' this Street Vacation first came before the Council relative to the J,H. Lentz petition for subdivision ofLot 19, Block 1, Code's Highview Park into two buildable lots--and the Planning Commission's recommendation that subdivision be permitted only if Nr. Lentz is able to add the public right of way to his lot. Nr. Samsel, 5208 Benton Avenue, owner of Lot 3, Replat, asked to be heard concerning 14r. Lentz' petition, saying he is in favor of allowing Mr. Lentz to nave a 100-foot lot, and that he is mt in favor of sacrificing a 30- foot strip to permit Mr. Lentz to have a 130-foot lot. He added he would recommend Vacation of the 30-foot strip, so that he could use it himself. were no objections from the audience to the proposed Vacation. by Northern States Power Company that their overhead electric distribution facilities are presently occupying this right-of-way, there being no objection by Company to vacation of street providing proper easements can be secured for continued use adopt ion : Clerk presented - There Clerk read Notice VanValkenburg offered the following Resolution and moved its RESOLUTION VACATION UNNAMED 30-FOOT STREET LYING NORTH OF BENTON AVENUE WHEREAS, two weeks' published notice and posted notice of a hearing to be had on February 3, 1964, at 7:OO P.M., on the proposed Vacation of that Unnamed 30-foot Public Right-of-way Lying between Lots 19 and 20, Block I, Code's Highview Park and Block 3, Replat of Lot 6 and South 1/2 Lot 5, Block 1, Code's Highview Park, said Right-of-way extending for 139.57 feet, more or less, North of the North line of Benton Avenue, has been given and made, and a hearing has been had thereon'by the Village Council: Hennepin County, Ninnesota, that the following be and is hereby Vacatid'i NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina, "THAT UNNANED 30-FOOT PUBLIC RIGHT OF WAY LYING BETWEEN LOTS 19 AND 20, BLOCK 1, CODE'S HIGHVSEW PARK AND BLOCK 3, REPLAT OF LOT 8 AND SOUTH 1/2 LOT 5, BLOCK 1, CODE'S HIGHVIEW PARK, said Right-of-way extending for 139.57 feet, more or less, North of the North line of Benton Avenue, all as platted and of record in'the office ofthe Register of Deeds in and for Hennqpin County, Minnesota." and Bredesen, aye; and the Resoluti ( (VanValkenburg then moved that Clerk be directed to withhold recording of Resolution (Vacating Street until such time as Morthern States Power Company advises it has received (proper easements. Motion seconded by Rixe and carried. COUNCIL PERiiITS SUBDIVISION OF LOT 19, BLOCK 1, CODE'S HIGHVIE\? PARK INTO TNO BUILDABLE LOTS, ONE OF WHICH LOTS WILL BE LOO' x 86.39'. Vacation of Street, Council reviewed Public Hearing of January 6, Dn Nr. Lentz' petition to subdivide Lot 19, Block 1, Code's Highview Park. objections to a proposed 100-foot lot; Mr. Samsel, 5208 Benton, who lives next door to Relative to foregoing discussion about St was noted that there were no 2/3/64 1. the proposed 100-foot lot, said he sees no objections to it; and Planning Director. Hite reported, too, that in view of lack of interest by property owners in the area, he can see no real reason why the 100-foot lot cannot be permitted. VanValkenburg's motion, granting zoning ordinance variance for the subdividing of Lot 19, Block 1 , Code's fiighview Park into two lots, was seconded by Rixe and carried. COUNCIL POSTPONES AVARD OF BIDS ON POLICE CARS AND PICKUP TRUCKS PENDING CHECK AS TO RENTAL OF EQUIPHENT. on Three Police Cars and Three Pick-Up Trucks. on the Cars and five bids on the Trucks. On Police Cars, Elidway Ford Company was low bidder, at $4,780 ,OO' Net; for three cars with two trades; Bob Knowles Ford Co, was second low, at $4,970.88 Net; and SubGban Chevrolet Coo was third low at $5,045,87 Net. three trucks with two trades; Net ; Midway Company second low , at $4 , 346 , 50 , l-fajor Hotors on the Trucks. as to advangages and disadvantages of leasing equipment, Tabulation of Bids was presented, covering bids taken today Tabulation showed receipt of six bids 1, . 2, On Pick-Up Trucks, Major I4otors Company was low bidder at $4,200.00 for Bob Knowles Ford Company was third low at $4s500.00 Recommendation for award of bids was for I-lidway Company on the Police Cars and Council asked that award of bids be delayed for two weeks pending investigation PUBLIC HEALTH NURSING SERVICE REPORTS -- One for the month of December, 1963, and the other a Summary Report of Services for Year 1963--were submitted, reviewed by Council and ordered placed on file. HEN1JI;PIH COUNTY LEAGUE OF MUNICIPALITIES NOTICE OF MEETING FEBRUARY 6TH was reviewed. Saying subject of meeting is Dutch Elm Disease, Mr. Hyde suggested Council make a special effort to be present. LETTER ASKS FOR SANITARY SEER IN TINGDALE AVEiUE BETiGEN U.65TH AND H066TH STREETS, Letter requesting re-activation of petition presented last year for Sanitary Sewer and other improvements in Tingdale Avenue between W,65th and W.66th Street was read. Mr. and t.lrs. John ti. Fraaz, 6540 Tingdale Avenue, the authors; told Council they are having considerable trouble with their private sewage disposal system, and have received notice from the Village to have it repaired; that other residences en the street have had trouble. be referred back to rillage Engineer for study, with direction to schedule Rearing as soon as possible, and it was so ordered. EDINA-HOPKINS BOUNDARY CHANGE APPROVED BY COUNCIL. Presenting to the Council a Half Section Plat showing boundapy as it is now, and boundary as it wiL1 be after change proposed herewith, ?.lr, Hite told Council this change will move the Edina- Hopkins Boundary from the center of the lots in Trolley Line Addition, North to the centerline of 2nd Street. VanValkenburg offered the following Resolution and moved its adoption: Hanager Hyde suggested that petition for Sanitary Sewer I He recommended aoption of approving Resolution, and RESOLUTION WHEREAS, The City Council of the City of Hopkins has determined that the detachment of certain lands from the City of Hopkins and the annexation of said lands to the Village of Edina, which lands are more fully and in detail hereinafter . described, will be for the benefit of the City of Hopkins and fop the benefit of such lands, which determination was made by said City of Hopkins by a Resolution concurrent herewith; and T.RIEREAS, Everett F. Garrison and Catherine E, Garrison, husband and wife, Earnest i?. Hansen and Hazel C. Hansen, husband and wife , and the Village of Edina, a Minnesota municipal corporation, the fee owners of the land being detached, have consented in writing to the detachment of said lands and to the annexation of said lands by the Village of Edina: Commission acting under Hinnesota Laws 1959, Chapter 686, Section 6, as amended by Mnnesota Laws 1961, Chapter 645, Section 6 and as amended by Ihnesota Laws 1963, Chapter 807, Section 11, the following described parcel of land now located in the City of Hopkins shall be detached from said City of Hopkins and is hereby annexed to the Village of Edina, which parcel is located in the County of Hennepin and State of Hinnesota and is described as follows, to-wit : NOW, THEREFORE, BE IT RESOLVED, That upon the order of the klinnesota Xunicipal All of that part of Trolley Line Addition lying Horth of the South line of Section 19, Township 117, Range 21, except that part thereof lying and being in Outlot 1 of said Trolley Line Addition, all according to the recorded plat thereof, BE IT FURTHER RESOLVED, That a certified copy of this Resolution, together with a certified copy of the concurrent Resolution of the City of Hopkins, be filed with the 1.5 e ta blunicipal Commission puraaant to the laws hereindove described, and that the &reggherk of the Village of Edina is hereby authorized and directed to file such certified copy of this Resolution as hereinabove set €orth. "tf 53 2/3/64 BE IT, FURTHER REZOLVED, That upon the issuing of the order of the 1 1 Minnesota Municipal Commission authorizing detachment and annexation, the Hayor and the Clerk of the Village of Edina are hereby authorized to do all things necessary to be done in the transfer of the rights of the City of Hopkins in and to any municipal improvements located within said detached land to the Village of Edina; which transfer shall include, but not be limited to, the rights of the City of Hopkins in the dedicated streets on the plat of Trblley Line Addition, which pursuant to these Resolutions shall be annexed to the Village of Edina as if said premises had originally been a part hereof. &- I Motion for adoption of Resolution was seconded by Tupa, and on Rollcall there were five ayes and no nays, as follows: MacM VanValkenburg, aye; and Bredesen, aye; a 'Village Clerk ' W MANAGER ASKS FOR FOUR-WEEKS ADDITIONAL FOR REPORT ON LIBRARY, and audience that, pursuant to Council's direction of some six weeks ago he has written to several library consultants, and expects to meet with an out of state consultant of considerable rgputation within the next week relative to Edina's library problems, will be involved with Hennepin County's plans for a Regional Library, and said that subsequent to Mayor Naftalin's suggestion made recently (that the Minneapolis Library be given to Hennepin Countyfor operation) a meeting has been scheduled by Edina, St.Louis Park and Bloomington to discuss possibly pulling out of the County system in favor of their own cooperative library, In view of the many facets which must be covered, relative to library location, Manager Hyde asked that Council wait another four weeks for his report, Manager to report at Meeting of March 2. Mr, Hyde told Council He called attention, too, to the fact that Edina's program COMRERCIAL ORDINANCE TO BE PRESENTED TO COUNCIL FEBRUARY 17. Planning Commission will meet on Wednesday, February 5, and at that time willact Wr. Hite reported the on a formal recommendation to Council. ENGINEERING DEPARTMENT RECOGNIZED FOR WORK ON 'SANITARY TRUNK SEWER C-2 Hite presented Messrs. Robert Obemneyer, Ray Drake and David Hanson of the Engineering Engineer Department, and they were complimented on a fine job on plans and preparations for Sanitary Trunk Sewer Improvement No, C-2. "POSSIBLE 1964 IMPROVF,MENTS1APPROVED FOR HEARINGS , Council again reviewed the list presented at the last meeting by Engineer Hite, entitled "Possible 1964 Improvements". surfacing and curb" projects, which list was supplemented by a detailed "1964 Street Surfacing Programt1, showing estimates of cost, etc., on the streets proposed to be surfaced. the Street Surfacing Program for March 16, This list was partly composed of a number of recommended "street 14~. Hite asked that Council tentatively authorize Public Hearings on West Llinneapolis Heights Streets surfacing to be postponed to next year. I4r. Hite recommended that West Minneapolis Heights Streets, which have no surfacing now, be allowed to remain unsurfaced for another year, until some formal plans have been formulated €or a much needed storm sewer in this area. VanValkenburg's motion, accepting Engineer I-Iites report, and scheduling Public Hearings on proposed Street Surfacing and Curb Improvements for laonday, Barchzk6, was seconded by Tupa and carried. COUNCIL AUTHORIZES PREPARATION OF PLANS FOR "FRANCE AVENUE" AHD "DEWEY HILLS ROAD" TRUNK WATERHAINS, Plr, Hyde recommended that the Engineerng Department be directed to prepare plans for two proposed Trunk Watermain Improvements, in non-serviced areas where considerable development will undoubtedly take place within the next year or two-- 1, 12" Trunk Watermain in W,76th St. from Wells #lo and #11 to France Avenue, and in France Avenue from W.76th St. to W,70th St. 2. Trunk Watermain in Dewey tiill Rd. from Hwy.#100 to Gleason Road ektended, and in Gleason Road extended, from Dewey Hill Rd., north to Valley VieiJ Road. Without formal action, Council agreed that Public Hearings should be initiated this year on these proposed improvements. GRAHDVIEW SHOPPING AREA IMPROVEMENTS TO HAVE CONSULTING AID . just does not have the personnel to plan the extensive improvements needed at the proposed "Grandview Shopping Center Highway Widening Improvement", Wr. Hyde asked for authorization to employ consultants for preparation of preliminary plans, and it was so ordered, without formal action, Saying the Village CODIFICATION OF VILLAGE ORDINANCES DISCUSSED RELATIVE TO HEATING, PLUMBING AND ELECTRICAL ORDINANCES , Manager Hyde suggested that, inasmuch as a determined effort is now being made to get Ordinances codified, some direction should come from the Council as to plans for adopkion of Hearing, Plumbing and Electrical Codes . He told Council the Village has no control Over either electrical or $2 r' . 2/3/6Q I heating work; that the Hinneapolis Plumbing Code seems to be the most extensively used in the metropolitan area, and probably should be adopted by reference, rather than the State Code we now have. Some discussion was had on these matters, and it was decided that Edina should look toward adoption of I4inneapolis Plumbing and Heating Codes. inspector is required, this should be half-time inspector and half-time electrical maintenance man. Electrical Code. As to the Electrical Code, b1r. Hyde said he feels that if and when an electrical It was concensus that provision be made in Codification for ORDINANCES NOS. 123-1 AND 151A-2 REFERRED BACK TO ViLLAGE SANITARIAN FOR CLARIFICATION. Ordinance No. 123-1, An.Ordinance which would provide for a license fee of $10 per annum for each truck-used to deliver milk or mi& products in the Village (and which would no longer require a flat $100 for each milk plant whose products were delivered in the Village, but only for those milk plants actually situated within Village Limits) was discussed and then referred back to the Village Sanitarian for clarification at the next meeting. Codification, and also providing €or a "Perishable Food Vehicle" license of $5.00 per annum per vehicle was discussed briefly, and it too, was referred back to E4r. Hensley for clarification. Both discussions revolved around fees for truck fleets, there being no distinction made in the proposed license fees for same. \ Ordinance No. 151A-2, An Ordinance Amending Food License preparatory to VILLAGE ACTS TO ACQUIRE SHALL TRACT IIJ BROOKVIEV HZIGHTS FIRST ADDN. FOR STREET PURPOSES. known as ParcelNo. 8550, Plat Mo. 74280, is still in the hands of the Hennepin County Land Commissioner, having been classified by Hennepin County as Won-Gonservation and for Sale" last year, and not having been picked up by the Village; that the small circular tract is paved as part of Circle Drive, and that it would be to the public interest to acquire it for street purposes. and moved its adoption: Report was made that the unnumbered circular tract in Circle Drive, otherwise Tupa offered the following Resolution RESOLUTION FOR ACQUISITIOH OF TAX FORFEITED LAND FOR STFXET PURPOSES BE IT RESOLVED by the Village Council of the Village of Edina, i4innesota, that the Village Attorney be authorized and directed to file llAppLication by Governmental . Subdivision for Conveyance of Tax-Forfeited Lands* for the following property contained in Hennepin County Auditor's List 11553-C", said property to be used by the Village of Edina for Street purposes. I Brookview Heights 1st Addition - Plat No. 74280 Parcel No. 38393 - 1955 Unnumbered circular tract in Circle Drive - 8550' BE iT.FURTHER RESOLVED that the Mayor and Clerk of this Village be, and hereby are, authorized and directed to sign said application on behalf of the Village of Edina. were five ayes and no nays, as follows: MacNil ; Tupa, aye; Vanyalken- TREASURER'S REPORT, As at December 31, 1963, and Liquor Dispensary Fund Statements as at November 30, 1963, were reviewed and ordered placed on file. CLAIMS PAID. this date: General Fund, $25,680.23; Park, Park Construction, Golf Course & Swim Pool Funds, $9,791.36; Baterworks Fund, $13,729.99; Liquor Fund, $41,319.89; Sewer Rental Fund, $24,579.41--TOTAL, $115,100.88; and For ratific ation of payment, Janaary 22, of Claim No. 24711, amount $1,384.09, To Texabo, Inc., for Gasoline, was seconded by VanValkenburg and carried. Tupa's motion, for payment of the following Claims as per Pre-List dated Neeting's agenda's having been covered, VanValkenburg moved for adjournment. seconded by Rise and carried. Adjourn * l4otion Viliage Clerk