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HomeMy WebLinkAbout19640406_regular3/30/64 COUNCIL WPROVES CLAIM OF HARRY COOPER FOR MOVING AND MILEAGE EXPENSE AND FOR INVENTORY. Harry Cooper, Jr, Golf Pro, for $49.00, Mileage for Jan., Feb. and March; Noving expense, .$144.00; and Inventory for Resale, .$858.64--PotaL, $1,002.64. motion that Claim be paid was seconded by VanValkenburg and carried. Manager Hyde presented to Council for action the Claim, No. 25150, of Tupa's 70 NORMANDALE GOLF, INC. ON-SALE BEER LICENSE APPROVED FOR YEAR 4/1/64-4/1/65. Appli- cation for renewal of On-sale Beer License at Normandale Golf, for year April 1, 1964 to April 1, 1965, was presented. seconded by Tupa and carried. There being no further business to come before this meeting, MacMillan moved MacMillan's motion that License be approved was D for adjournment . Motion seconded by Villsge Clerk KCNUTES OF THE. REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HEGD MONDAY, EDINA VILLAGE HALL APRIL 6, 1964, AT 7:OO P.M., AT THE Members answering Rollcall were hiactlillan, Rixe, Tupa, VanValkenburg and Bredesen. FIREMAN ROBERT J. BURESH was recognized by the Mayor and Council on his completion of Course in Municipal Fire Administration, by International City Manager's AGSn. 7.. I: - COUNCIL ZONES TO R-4 MULTIPLF, RESIDENCE DISTRICT, BLOCKS $20 AND 21, EMMA ABBOTT PARK - (NORTHIJEST CORNER. BROOKSIDE AVE. & MOTOR ST. 1 FOR 220-UNIT APARTMENTS. SUBJECT TO __ AGREEHENT WITH PETITIONER RELATIVE TO MAINTAINING QUALITY OF DEVELOPMENT . Mayor Bredesen announced Continued Public Hearing on the.petition of Dietrich-Francis Co, foxthe Rezoning from Open Development Disirict to k-4 MULTIPLE. RESIDENCE DISTRICT o€ Blbcks 20 and 21, Emma Abbott Park, for the purpose of construction of 220-Unit Apartments thereon. Hearing had been continued from the March 2nd Heeting to this meeting for the purpose of Council's securing report on traffic in this-areas and the effect this proposed development would have on traffic, and also for the purpose of ascertaining availability of sanitary sewer,and water supply, to this area, Mr. Hite submitted to the Council a report entitled "Traffic Study and Report for the Village of Edina, Minnesota--Brookside Avenue E 44th Street Area", dated April 6, 1964, by Bather Engineering, Traffic Consultant at Excelsior, Minnesota. indicates that the 220-unit apartment development will not cause a traffic hazard on Bither IJ.44th Street or Brookside Avenue. As to the Sanitary Sewer and the Water Supply, Mr, Hite told Council there will be no difficulty at a11 about the Sanitary Sewer inasmuch as it is now very near the property; but that the Watermain is several blocks away--that, in this case, the simplest means of obtaining water would be from St.Louis Park, although it could reach the development by bringing it east on Division St. and then North on Rutledge Avenue, or brought from the East (48th Street), watermain, saying he is quite concerned about who would be assessed and how much the assessment would be. 1962 because of the high cost and the small amount of assessable property. added he wants to be sure that if water is put in it goes close to his residence so that he can hook up to it, population concentration than a single family development, asking if this is going to appreciakly influence the schools, and if taxpayers are thus going to be assessed even more for school services. To this last, Mayor Bredesen replied that from the information the Council has had, apartments will contribute very few students to the school system; that the property will contribute more taxes per student than private dewellings do. had a number of discussion since the March 2nd Hearing, in attempting to get oriented to this project, and that in view of the fact that no one could come up with a positive proposal other than singLe family dwellings for the use of this land and everyone seems to appreciate that owners should be able to make some use ofthe property, it was the hope of the people that the Council could somehow work with- the developers to assure maintenance of what appears to be a high quality project. He said the neighbors feel it is. probable that builders may see fit to downgrade the development later, should the economic situation change or should it prove impossible to fully rent those units constructed within the next couple of years. He added the residents surrounding the proposed development would appreciate any- thing the Council could do along the line of enforcing a continued high standard fo? the project . Mayor Bredesen reminded Mr. Bale that Council cannot force development, but that maintenance of a high standard is-being encouraged by the requirement that the le'ast desirablelproperty be improved first and the most desirable land be utilized I This report fib. Richard Flumerfelt, 5825 Division St., inquired about the route of the He added that proposed water improvement was rejected in He He added that this area is certainly a higher Mr, William Bale, 4380 Thielen Avenue, told Council he and his neighbors have * last Y 43/6/64 Mr. Bredesen added he believes these Trustee VanValkenburg asked if there are of the best. people are honest and their is anything the Village can orderly development, and Attorney Whitlock answered that an agreement intentions 7 3 c do to assure could be entered into between the Viblage and the developers, Mr. Hite reported that the proposal made by Dietrich-Francis--which is quite comprehensive--sets forth much that has been discussed and could be used as the basis for such an agreement. public water, company will take water from Edina if EdSna will bring it to the area. Insofar as the'possible downgrading of the development is concerned, Mr. Dietrich reported that the best defense against fhis is that' downgrading would hurt the developers more than anyone else, be done as one complete package, and that they couldn't downgrade the development even if they wanted to. Mr. Hite suggested that one way of securing orderly development would be to rezone the first area, in the Northeast corner of the tract R-3, and then rezone the other areas from time to time as development becomes imminent. Mr. Dietrich objected to this solution, saying this would subject developers to the whims of future governing bodies. imperative .that developers know what they can do with entire t-ract, dispense with second reading thereof and adopt Ordinance as submitted, 7- but that publication of Ordinance be delayed pending execution -7 of an agreement between developers - axvillage stzing that developers will build no more than 220 units on this tract (BLocks 20,and 21, Emma Abbott Park), and that building will be essentially according to plan submitted to and approved by Edina Planning Commission: . Mr. VanValkenburg inquired of Mr, Dietrich as to how he expects to secure He answered that the simplest way is from St.Louis Park, but that He added that their mortgaging will I Mr, Leonard Parker, Architect, said he feels it is VanValkenburg then submitted the following Ordinance, moving that Council ORDINANCE NO. 261-82 AN ORDINANCE AMENDING ORDINANCE NO. 261 (ZONING ORDINANCE) OF THE VILLAGE OF EDINA ESTABLISHING ADDITIONAL R-4 MULTIPLE RESIDENCE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Paragraph 1, Multiple Residence District Boundaries, of Section 4 (Multiple Residence District) of Ordinance No. 261 of revised ordinances of the Village of Edina, is hereby amended by adding the following sub-paragraph: Section 1. District R- 4 : "(5) St.Pau1 and Suburban Railroad Right-of-Way," after its passage and publication according to law. VanValkenburg's motion for waiver of second reading, adoption of Ordinance as submit.ted, and delay of publication thereof pending agreement, was seconded by Tupa, and on Rollcall there were five ayes and no nays, as follows: Rixe, aye; Tupa, aye;.VanValkenburg, aye; and Br Blocks 20 and 21, Emma Abbott Park,.!and part of Vacated Minneapolis, Section 2, This ordinance shall be in full force and effect from and MacMillan, aye; , aye; and the Ordinance was PUBLIC HEARING ON PETITION OF MR. H.M. SCHOENLNG. 5700 SO. BLAKE RD. FOR REZONING TO. R-2 PIULTIPLE RESIDENCE DISTRICT, CONTINUED TO -APRIL 20. Mayor Bredesen told Council and audience that he had received word 1 that several of- the immediate neighbors had received no notice from the Village office of the Public Hearing to be held this evening on the petition of Mr, H.M. Schoening, 5700 So, Blake Rd. for the Rezoning of the 11So,152 Ft. of Tract A, Registered Land Survey No. 345" to R-2 Multiple Residence District. in order that proper notice might be sent. present for this evening's Hearing, and VanValkenburg so moved. Tupa and unanimously carried, He suggested that Hearing be continued to April 20, There was no objection from the people Motion seconded by "THAT PART OF E1/4 OF SW1/4 OF SE1/4 OF SEC.8,TWP.l16,R,21 LYING SO. OF STATE HWY.#5" REZONED FROM llCOMMERCIAL1l DISTRICT TO "PLANNED INDUSTRIAL DISTRICT" . was called on the proposed for rezoning the above described tract from Commercial Public Hearing District to Planned Industrial District, pursuant to Notice of Public Hearing published in Edina-Morningside Courier March 19 and 26, 1964, posted on Village Bulletin Boards on March 13, and mailed to owners of affected properties. 'Reviewing this for the Council, Mr, Hite reported that this property was rezoned from Open Development to Commercial District in 1960 because Commercial District was the only zoning we had at that time applicable to the type of land use desired by Western Meats; that the Village now has adopted the Planned Industrial District zoning, and it is felt that this is a better land use for this area; that this zoning change is being proposed by Village. He added that some outside storage is the only thing which the land is now being used for which is not permitted under the new regulation. Asked if this will affect the land south of No, 5 and North of Bloomington, Mr. Hite replied that 4/6/64 the zoning of the property to the west of this tract depends to some extent on what Bloomington does, and that Bloomington has not yet fully decided how to zone . had been received prior thereto. moving that Council dispense with second reading and adopt Ordinance as submitted: No objections to the proposed rezoning were raised at the Hearing and none MacMillan' offered the following Ordinance, ORDINANCE NO. 261-83 * ANtORDINANCE AMENDING ORDINANCE NO. 261 (ZONING ORDINANCE) OF THE VILLAGE OF EDINA ESTABLISHING ADDITIONAL PLANNED INDUSTRIAL DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, IUNNESOTA, ORDAINS: Paragraph 2, Boundaries of Planned Industrial District, of Section 11, (Planned Industrial District) of Ordinance 261 of revised ordinances of the Village of Edina, as amended, is hereby further amended by adding after sub- paragraph (g) of said Paragraph 2, the following sub-paragraph: Section 1. I "(h) That part of the East One-Quarter (E1/4) of the Southwest ,Qne+C&arter (SW1/4)' of the Southeast One-Quarter (SE1/4) of Section Eight, Township One Hundred Sixteen, Range Twenty- One (Sec..8 ,Twp . 116 ,R. 21) lying South of State Highway No . 5 .tl Section 2. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Motion for waiver of second reading and for adoption of Ordinance as submitted was MacIVlillan, aye; Rixe, aye; Tupa, aye; VanValke the Ordinance was adopted. llSOUTH FORTY FEET OF LOT 8, BLOCK 7, BROOKSIDE HEIGHTS" ESTABLISHED AS BUILDABLE LOT AFTER PUBLIC HEARING 011 VARIANCE. of H. J. Mayer, 5128 Bedord Avenue for variance to permit construction of dwelling on the "south 40 feet of Lot 8, Block 7, Brookside Heights, pursuant to mailed Notice given to owners of affected properties. Mr. Hite reviewed Planning Commission's March 4, 1964, favorable to this Lot Width Variance; and 14r. Site added he feels there will be a definite hardship to the owners if.this variance is not granted. Fifty-foot lots are predominate in the area. floor, and none had been received by Clerk prior to.Hearing. that Council establish the "South 40 feet of Lot 8, Block 7, Brookside Heights" as a buildable lot, in accordance with Planning Commission's recommendations, was seconded by MacMillan and carried. Public Hearing was conducted on the petition I There were no objections from the VanValkenburg's motion, COUNCIL APPROVES PEIiElANENT STREET SURFACING AND CURB AND GUTTER FOR RICHMOND LANE FROM RICHMOND AVE. TO MINDSOR AVE. Public Hearing (continued to this Meeting from March 16 and 30 for agreement by Nr, V. LeVoir relative to work to be done by him) was called by Mayor Bredesen. whether this letter was in his hands, and he replied it had been received. then moved that Council approve Permanent Street Surfacing and Curb and Gutter for Richmond Lane between Richmond Ave. and Windsor Ave, . IVlacMillan,. and unanimously carried. Improvement). Engineer Hite was asked by Mr. VanValkenburg as to Tupa biotion was seconded by (See Action of later in Meeting, Ordering .* COUNCIL TO TAKE BIDS ON WOODCREST DRIVE WATERMAIN BEFORE DECIDHNG ON IMPROVEHENT. Pursuant to Wotice of Public Hearing on Sanitary Sewers, Lift Station, Hatermains, and Grading and Gravelling" published in- Edina-Morningside Courier Warch 26 and April 2, 1964, and tlNotice of Public Hearing on Proposed Watemnah Improvements" mailed to owners of affected properties March 26, Public Hearing was conducted on the proposed Construction of Village Lateral Watermain and Appurtenances in: WOODCREST DRIVE FROM PARK PLACE TO SOUTH LINE OF LOT 1, BLOCK 2, SHADY PINES ADDITION. Total Assessable Cost was given as $14,168.92, proposed to be assessed against twelve assessable lots for $1,180.74 per Lot (connection). Village has a petition signed by owners of five lots, requesting service. opposed; that he opposes improvement because he feels i-c is 'a terribly*high price to pay. assessed--some of the lots being served from Park Place, and others requiring only . one connection for two lots. project should be so much more than that on Park Place four years ago. *He was informed that this estimate includes street replacement, whereas the Park Place street project was assessed separately. Mr. Hyde reported that kir. Vernon Linder, 5441, said he understands that as bf today most owners are % Mr. Hite replied that one of the problems is the fetJ connections to be Mr. Dornfeldt, 5432, who said he had circulated the petition, asked why this 4/6/64 The owner at No. 5429 inquired as to whether project includes replacemerit Mr. Kunz, 5437 Woodcrest Drive, told Council that when the petition was cir-"J. culated he had signed on the supposition that cost would be comparable to that of Park Place; that he would now like to withdraw his signature because he feels this price is exhorbitant . are appraised 6f a firm price, perhaps project could still be installed. improvement at! his earliest possible convenience. VanValkenburg seconded motion , and it was unanimously carried. 7 3 of curb; was informed that it does. -it* Mr, Dortnfeldt said he feels that if bids can be taken, so that property owners Tupa *hen moved that Engineer be directed to take bids on the proposed Audience was told bids would probably be taken for second meeting in May. LAKE EDINA' THIRD AND FOURTH ADDN. STREETS TO BE PERMANENTLY SURFACED BY ESTOW cow. UNDER PRIVATE CONTRACT TO VICTOR CARZISON E SONS IN ACCORDANCE WITH AMENDED SUBDIVISION AGREEMENT. Considerable discussion was had relative to the Village's entering into contract for the surfacing and curb and gutter in all streets in Lake Edina Third and Fourth Additions; this being continuation from March 16 and 30 Meetings of a Public Hearing on this matter. and Estow Corp., Estow Corp, does not have the option of installing street surfacing in Lake Edina Third and Fourth Additions as it did in Lake Edina 2nd Addn.; that the only obligation of Estow Corp. in Lake Edina Third and Fourth Addns. is to pay the assessments for Sewer, Water and Street Improvement, and that Estow Corp. has a $130000 bond running to the Village to secure performance of this obligation. He said the Village Attorneys have been instructed tnat the Village has I no objection to Estow's entering fnto an agreement with a surfacing contractor for the street improvement providing an agreement could be worked out to protect the Village; and that, pursuant to these instructions he, Mr. Whitlock, has been in toach with Mr. Josiah Brill, who represents Estow Corp. requires Estow Corp. to provide a bond in the amount of the paving contract securing (1) performance of the contractor of the street surfacing contract, including the one-year guaranty required by Village improvement contracts, (2) payment by the contractor of labor and material claims in connection with the street surfacing, and (3) performance by Estow Corp. of its obligations, including payment to the contractor. He added that this was agreeable with Mr. Brill. at time of completion of the street surfacing contract to reduce bond so that Estow Corp. would not have to pay premium on an amount over the special assessments remaining for sewer and water; he noted that this did not provide ample protection to the Village on the street surfacing contract. He added that Mr. Brill had suggested with respect to the street surfacing that an affidavit from the.street improvement contractor that he had been paid in full and that he had paid the labor and material claims should be sufficient protection to the Village. Whitlock said that perhaps consideration should be given to a reduction, but that since the original agreement had not provided for such bond reduction, he had suggested to Mr, Brill that Village could agree to consent to a reduction providing that Estow Corp. was not in default on the basic agreement of 1962 or the proposed amended agreement of 1964, but that Mr. Brill had objected to this. as recited, but that the premium on the $130,000 bond is $15 per thousand; that the next premium will come due in October; that the streets can be finished in 60 days' time; and that if it weren't for the trouble about special assessments the whole thing would be over and Estow Corp. would not have to pay any additional premium; that since Estow Corp. does not feel it should pay special assessments until houses are sold to occupants, and since the amount of special assessments unpaid is only $17,000 and the Village has a lien on the property for the amount of the unpaid special assessments, Estow Corp, feels the Village should reduce the bond to $25,000 at the time the street surfacing is completed. He added that Estow Corp. has sold the remainder of the lots to builders who are building houses on them; that these houses will be sold this summer and assessments will have to be paid, but that the Corporation does not want to lay out $17,000 at this time and does not want to have to pay out an extra premium at that time in the event assessments have not been paid. Mr. Brill told Council he doesn't think the contract was drawa as Mr. Stow understood it; that he is not asking the Village to waive any rights but does not believe Village should penaLize Estow Corp. by making it pay premium on extra $100,000/ on . Mayor Bredesen reminded Mr. Brill that under the-ppesent-contract the Village can perform the job and assess EstogJ'Corp. for it; that to accommodate Mr. Stow, who says he can save some money by having the job done under private contract, the Village is prepared to allow him to put the streets in at his own expense. He asked Mr. Brill if there weren't some t+e at which Mr. Stow might be willing to accommodate the Villag Mr. Brill made no Snswer to Mr. Bredesen's question, but maintained that the Village's accommodation to fir. Stow did not harm the Village in the slightest. Trustee VanValkenburg said he believes the Village Council would be premature in reducing or agreeing to reduce the surety at this time; and Nr. Brill then inquired if Council would give the matter serious consideration if he asks for bond reduction at the time the streets are finished. Mr. Brill then indicated the proposed contract need not cover the matter of reduction of the bond. Attorney Whitlock told Council that as he reads the agreement between Village rn XI 0 4' u Q Mr, Whitlock said that an agreement had been prepared which Mr. Whitlock told Council that Mr. Brill has suggested it would be in order c' Mr, I Irlr. Brill told Council that he was in agreement with the factual background p"tY He was assured by Mr. Bredesen that it would. 4/6/64 7 4 tree-i: surfacing work, and the matter of whether the Village is to perform the work Village Engineer Hite explained that bids must be taken, soon, for the summer's in Lake Edina Third and Fourth Additions should be settled tonight so that the Village will know where it is at as to advertising for bids. form of contract to L4r. Brill who asked for some time to go over the agreement, and hearing was continued until he returned sometime later in the evening. On Nr. Brill's return, he inquired about the percentage of cost payable €or village services , saying this contract specifies 10% for such costs ,whereas other contracts have set 8%. He added that Estow Corp. would prefer to pay actual costs, rather than 10%. Some discussion was had on this,with Mr, Hite explaining that detailed cost accounting must be done if actual costs are to be paid, and'qhat the costs of this accounting must be added to regular engineering and overhead costs; ISr. Bredesen told Mr, Stow that, if the Village agreed to his paying actual costs, he must accept, without quibbling, the 'Village's certified, statement of such costs, and Mr. Stow agreed that if 14ayor Bredesen would sign such statement he would accept it--that he would take his chances on actual expenses as against the 10% charge. (SEE AMENDMENT THIS PAR. that the Village must be protected as t6 performance of work in accordance with Speci- fications, together with guaranty that contractor will pay all labor and materials people and that streets will remain in satisfactory condition for at least one year after contract is finished. I@. !?hitlock explained that this is the ordinary performance and payment bond required by the Village for all its work. VanValkenburg then moved that the Village Council permit the amendment of the Sub- division Agreement for Lake Edina Third and Fourth Addns. to allow Estow Corp. and con- tractor to install street surfacing and concrete curb and gutter in all streets in the Third and Fourth Addns.; and that bond be amended to cover performance and payment by contractor in accordance with Village specifications for said work, plus one year's guaranty of work after acceptance of work, guaranty of payment to contractor by Estow Corp, for said work, and performance by Estow Corp. of a11 its obligations to Village under this agreement and October 12,1962 agreement,including payment by'Estow Corp.to Village of the actual costs of work performed by Village,including overhead,at~ributable to installation of permanent street surfacing and concrete curb and gutter,as certified to Estow CorD.bv Mr, Whitlock presented a proposed I PAGE 85--4]20/64)) Dicsussion was then had, again, concerning bond, with Mr. Hite reminding Council -4 - Mayor Bredesen. Motion seconded by Rise a d WATERPUIN IN HIGHWAY #169, GLEASON ADDITIO8, &%r%8kJT DRIVE , TABLED FOR NEW PROJECT. Clerk presented Affidavit of Piihl i c-at-ian 'in Edina44ornLnczside Courier March 26 and Y ~-~ - ----- _____ --_ ._--_--.. April 2, 1964, and of Idailing. to owners of affected properties March 26,. 1964, "Notice of Public Hearing" on the following proposed. prooect: Highway #169-212 from Gleason Rd. west to east 1ine.of Gleason's 1st Addn.; East line of Gleason's 1st Addn. from Hwy.#212 to 480' north, which is 59th St. extended; W.59th St. from east line of Gleason's 1st Addn. to k7alnut Dr.; Walnut Dr. from W.59th St. north to Nine-Mile-Creek. 32 Lots for $930.96 per Lot. proposed improvement, and area proposed to be assessed. is high for water installation, and reason for bringing water down Walnut Drive is to complete 1oop.and not because it is wanted in this street. land in the area is to be developed with some 30 lots, that these 30 lots should bear part of the assessment for the project; that he feels costs are being assessed against lots in Walnut Drive rather than where they should be assessed. Engineer Hite told Council the cost is high because of the dead footage along Highway No. 169, and going north along private prope*y; that the number of lots in Gleason Addn. proposed to be assessed are the lots-actually abutting the line--that %hecothers cannot be assessed. Blr. Sime said he feels that if waier'is installed, all 30 lots in Walnut Drive should be included, and all 30 lots being platted in the area should also be included; and Mr. Art Sehlin, 5921 Walnut: Drive, reported that he is not at all interested in city water; that Walnut Drive hasn't asked for it, and the reason it is requested is to'make water available for the developers of the Church property; that he cannot see why Walnut Drive residents should bear cost. Mr. Bill Crawford, Trustee for the Chapel Hill Congregational Church inquired if Church would be able to connect if Lateral were run down lots east of Sime's Addition, rather than connection shown. Mr. Hite replied Church could connect from either east or west, and Mr. Cratrford said Church would like-to see line run east of I.la1nu-t Drive CONSTRUCTION OF VILLAGE LATERAL \IATERMAIN AND APPURTEW%CES IN THE FOLLOKLNG: I ESTIMATED TOTAL COST Was read as $29,790.87, proposed to be assessed against . Vu-Graph Slide was shown, setting forth route of Nr. Bill Sime, 5929 Walnut Drive, told Council he feels this proposed assessment He added that certain if possible. Mr. Sime said he believes that if area could be assessed, there weuld be watermain-that people do want to have Hr. Hite recommended that project to include all of Gleason Addition and , surfaced. project were redrafted, so that an additional sufficient support on Walnut Drive for the the water so that they can have their street be tabled and that a new proposal be.offered, a11 of Walnut Ridge Addition--which would be on a sub-trunk basis, with an area south of #169 gaining some benefit. of Walnut Edge could not be assessed. for further study. He said area west VanValkenburg moved that Watermain project be referred back to Village Engineer lqotion seconded by Tupa and carried. 4/6/64 COUNCIL APPROVES SANITARY SEVER AND GRADING AND GRAVELLING OF CLEVELAND AVENUE FROM DIVISION ST. TO HOLLYWOOD ROAD. on Sanitarv Sewers, Lift Station, Watermains and Grading and Gravelling", published Pursuant to "Notice of Public Hearings, in Edina-&rningside Courier March 26 and April 2, 1964, and "Notice of Public Hearingsv1 mailed March 26, 1964 to owners of affected properties, as evidenced by Affidavits of Mailing submitted by Clerk, Public Hearings were conducted on the following proposed improvements, and action was taken as hereinafter recorded: A. CONSTRUCTION OF GRADING AND GRAVELING IN CLEVELAND AVENUE FROM DIVISION ST. TO HOLLYWOOD ROAD, TOTAL ESTIMATED COST was read as $10,261.46, proposed to be assessed at $8.41 per Assessable Foot, It was noted that the properties facing Hollywood Road are not proposed to be assessed for this improvement; but that when street is permanently surfaced it is proposed to assess these two lots for their share of that improvement, is not in favor of the improvement, asked what it includes, and was told it includes, grading, gravelling and oil stabilized base. There were no other objections registered at the Hearing, and none had been received prior thereto. VanValkenburg's motion approving proposed improvement as presented was seconded by Rixe and unanimously carried, (See Resolution of later in Meeting, Ordering Improvement 1. Mr. M, 3. Bylin, 4524 Rutledge Avenue, who said he - B. CONSTRUCTION OF SANITARY LATERAL SEWER IN CLEVELAND AVENUE FROM DIVISION STREET TO 600 FEET SOUTH, TOTAL ESTIMATED COST was read as $8.442.44, proposed to -I be assessed at $402.02 per Lot, i4r. Harry Larson, 4500 Cleveland Avenue, who represented his father, asked concerning the "per lot" connection, saying the father's home is right in the middle of two lots. He was informed he will be assessed for only one connection; replie4 that this home is connected to Division Street now--at which time he was informed there will be no assessment against this particular property, lose the benefit of the gravel applied now on the grading project; was informed that there will be little loss; that because water is not available, now, a light coat of gravel is being appliep, preparatory to future watermain construction and surfacing. approved as presented, was seconded by MacMillan and carried. later in Meeting, Ordering Improvement), Trustee VanValkenburg inquired as to whether future' water construction will No objections were registered to proposed improvement. Tupa's motion , that Sanitary Sewer Improvement in Cleveland Avenue be (See Resolution of ADJUSTMENT ON DIVISION STREET SANITARY SEWER IMPROVENENT COST TO BE AT ASSESSMENT HEARING, Mr, Harry Larson inquired, during discussion on the foregoing Sanitary Sewer Improvement, about the allededly forthcoming adjustment on Sanitary Sewer Assessment made against three property owners on Division Street for the Division Staeet Sanitary Sewer Lateral, which is now being used by Vandervork people and will be used by Cleveland people. procedure for granting relief to the Division Street property owners--but that this will mean a Public Hearing to re-assess the Division Street ,cost over all the area using the sewer. an Assessment Hearing, Attorney Nhitlock.replied that there is a 14r. Larson was informed that this adjustment will mean COUNCIL APPROVES SANITARY LATERAL SEWERS, LIFT STATION, AND WATERMAIN IN PARNELL- VIRGINIA AREA. Clerk presented Affidavits of Publication in Edina-Morningside Courier March 26 and April 2, 1964, of 'lNotice of Public Hearings on Sanitary Sewers, Lift Station, Watermains and Grading and Gravelling" and of Mailing to owners of affected properties March 26, 1964, of "Hotice of Public Hearings on Proposed Sanitary Sewer, Lift Station, and Watermain Improvements". said Notice, Mayor Bredesen called Public 'Hearings on the following proposed improvements, and action was taken as hereinafter recorded: LIFT STATION AND APPURTENANCES IN THE FOLLOWING: Pursuant to A, CONSTRUCTION OF VILLAGE LATERAL SANITARY SEWER AND APPURTENANCES AND W,65th Street from Parnell Ave. to Virginia Ave.; From W.65th St. south 303' on a line parallel to and 152.66' east of the Virginia Ave. from W.65th St. to 427', more or less, north. centerline of Parhell Ave,; TOTAL ASSESSABLE COST was read as $23,684.19, proposed to be assessed against an estimated fourteen connections, for $1,691.73 per connection. Mr. Hite told Council this Sanitary Sewer was considered with a larger project some years ago but was left out because of high cost; that it does have a lift station which accounts for the very high cost. Mrs. E. N. Akason, 4717 W.64th St., owner of Lots 1 and 2, Block 1, Huber's Addition (lot 2 is proposed to be assessed for one connection), explained that Lot 2 is simply a part of the Akason back yard, that no connection is needed for it. She was informed that if she will sign a declaration that Lot 2 will be kept permanently as part of Lot 1, there will be no assessment, go on record as objecting to improvement. She added that Virginia Avenue is not even cut through south of 64th Street. Mrs. Akason asked to Mr. L,N.R. Miller inquired about assessment against his property on East side of Virginia Avenue; was informed by Mr. iiite that this connection is provided for Park property and not for his tract--that there will be no assessment to his land. 416 /6 4 Plrs. H.A. Nicklund, 6500 Virginia Avenue, whose lots 1,2 and 3, Block 19, Normandale Addition, are proposed to be assessed for eight of the proposed 14 assessable connections, told Council she wants sanitary sewer and water serving her property so that she can sell; that taxes are becoming so burdensome that she can no longer keep this land, and it cannot be sold without sewer and water. There were no other objections registered against proposed improvement, and none had been received prior to the Hearing. (See action of later in Meeting approving Improvement). B. CONSTRUCTION OF VILLAGE LATERAL SANITARY SEWER AND APPURTENANCES IN Parnell Ave. from W.65th St. to 5201, more 'or *less, south. TOTAL ASSESSABU COST was read as $4,853.63, proposed to be assessed against four connections for $1,213,4lper connection (lot). installation is by gravity, with no lift station involved. objections registered against this proposed improvement, and none had been received prior to this Hearing. (See action of later in Meeting, approving Improvement). THE FOLLOWING : I It was noted that this There were no C. CONSTRUCTION OF VILLAGE LATERAL klATERMAIN AND APPURTENANCES IN THE Parnell Ave. from W.65th St. to 400', more or less, South; thence easterly FOLLOWING : and parallel to W.65th St. a distance of 143', more or less; thence northerly and parallel to Parnell Ave. to W.65th St.; West 65th St. from Parnell Ave. to Virginia Ave.; Virginia Ave. from W.65th St. to 210', more or less, north of W.64th St.; thence northwesterly along the south Blvd. of the Crosstown Highway service lane to Parnell Ave. ; Parnell Ave. from Crosstown Hwy. service lane to W.64th St. 24 assessable connections, for $932.30 per Connection. Addition, complained that there is no water oh W.64th Street (her address is 4717 W.64th Street); that she feels water should go down 64th Street between Parnell and Virginia so that this street can be permanently surfaced; that she is not interested in having water run in on Virginia Avenue because street is not cut through and Lot 2 is simply her back yard and will not need water. large lots; feels Village water is cheaper than wells; had suggested taking water from 65th Street and Parnell, but that Village wants water system looped. Mr, Hite explained to tlrs. Akason that water serpice is being taken north, to serve the people just south of the Crosstown, and that therefore there will be no need for watemnain in W.64th Street between Parnell and Virginia Avenues; that her home may be connected to the Virginia Avenue*main; and that if declaration is signed that Lot 2 will not be a buildable lot there will be only one Lot assessed for water; that she will have one assessment for water, none for sanitary sewer. 130 other objections were filed against this proposed improvement, and none had been received prior to Hearing. TOTAL ASSESSABLE: COST was read as $22,375.13, proposed to be assessed against On this Improvement, Mrs. Akason, owner of Lots 1 and 2, Block 1, Huber's I Brs. Wicklund, 6500 Virginia Avenue, reported she wishes to sell her three ' VanValkenburg then moved that Council approve (a) SANITARY SEWER AND LIFT STATION IlIPROVEMENT ; (b) SANITARY SEWER IMPROVEIENT ; and (c) VATERMAIN IMPROVEMENT in the Parnell-Virginia Avenues area as proposed. carried. Motion seconded by Rixe, and unanimously (See Resolution of later in Meeting, Ordering Improvements). COUNCIL APPROVES WATERNAIN AND SANITARY SEWER INPROVEMENTS FOR SOUTHDALE ACREk , CASSIN'S OUTLOTS AREA. Courier March 26 and April 2, 1964 ,of llNotice of Public Hearings on Sanitary Sewers, Lift Station, Watermains and Grading and Gravelling1I, and Affidavit of Mailing to owners of affected properties March 26, 1964, of "Notice of Public Hearings on Proposed 17atermain Improvement and Sanitary Sewer Improvements'". to form and ordered placed on file, and pursuant to due notice given, Public Hearings were conducted .on the following proposed Improvements, and action was taken by Council as hereinafter recorded: CONSTRUCTION OF VILLAGE LATERAL WATERMAIN AlYD APPURTENANCES IN THE FOLLOWING: W.65th Street from Barrie Rd. to France Ave.; and Drew Ave. from IJ.65th St. to 435'.So. TOTAL ESTIMATED COST was read as $24,428.55, propesedto be assessed agahst three connections--one to Fairview Hospital, one to Southdale Medical Bldg., and one to Southdale Management Co., at $8,142.85 per. Connection. Nr. Hite told Council the Village has talked with the three property owners, and they will work out the amohnt of assessment between themselves before the assessment hearing. There were no objections registered against the proposed Improvement, and VanValkenburg's motion, that Improvement be approved, was seconded by Rixe and unanimously carried. (See Resolution of later in Meeting, Ordering Improvement) . Clerk presented Affidavit of Publication in Edina-Morningside Affidavits were approved as A. ..I)" A Above NAME OF IMPROVEMENT STREET IMPROVEMENT NO. 1964-10 4/6/64 B. CONSTRUCTION OF VILLAGE LATERAL 'SANITARY SEWERS AND APPURTENANCES W.65th St. from 5' West of the East line of Drew Avenue extended to 340' West,? TOTAL ESTIMATED COST WAS read as $7,486.47, proposed to be assessed against IN THE FOLLOWING: 'L Lots 2 and 3, Cassin's Outlots, at $7,486.47. is proposed to serve Fairview Hospital and an extension on the Medical Bldg. There were no objections registered, none had been received prior to Hearing, and Tupa moved for approval of Improvement as presented. Motion seconded by VanValkenburg and unanimously carried. (See Resolution of later *in Meeting, Ordering Improvement). Mr. Hite told Council this lateral c, CONSTRUCTION OF VILLAGE LATERAL SANITARY SEWER AND APPURTENANCES IN THE FOLLOWING: West line of Devco property from proposed W.65th Street north 860 Feet. TOTAL ESTIMATED COST was read as $7,669.05, proposed to be assessed against Lot 1, Block 1, Southdale Acres. to serve several initially'proposed Devco Apartments; that it is designed to handle expansions on the Hospital property. and Tupa moved for approval of -Improvement as presented. VanValkenburg and unanimously carried. Mr. Hite reported this improvement is needed There were no objections registered, none had been received prior to Hearing, Motion seconded by VanVaZkenburg then offered the following Resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS STREET IMPROVEMENT NO. 1964-10 AND STREET IMPROVEMENT NO, C-87: ~ SANITARY SEWER IMPROVEMENTS NOS. 212,, 213, 214, 215 AND' 216: WATERMAIN IMPROVEENTS NOS. 181 AND 182 BE IT RESOLVED by the.Counci1 of the Village of Edina, Minnesota, that this Council heretofore caused notices of hearings to be duly published on the following proposed improvements: A. CONSTRUCTION OF PERMANENT STREET SURFACING AND PCC-CONCRETE CURB AND GUTTER in Richmond Lane from Richmond Ave. to Hindsor Ave. CONSTRUCTION OF GRADING AND GRAVELING in Cleveland Ave, from Division CONSTRUCTION OF SANITARY LATERAL SEWER AND APPURTENANCES in Cleveland B, C. Ste to Hollywood Rde Ave, from Division St. to 600 Ft. South. AND APPURTENANCES IN THE FOLLOWING: D, CONSTRUCTION OF SANITARY LATERAL SEWER AND APPURTENANCES AND LIFT STATION W.65th Street from Parnell Ave. to Virginia Ave.; From W.65th St. south 303 Ft. on a line parallel to and 152.66 Ft. east of the centerline of Parnell Ave.; Virginia Ave. from W.65th St. to 427 Ft., more or less, north. E. CONSTRUCTION OF SANITARY LATERAL SEWER AND APPURTENANCES IN: Parnell Ave. from W.65th St. to 520 Ft., more or less, south. FOLLOWING : Parnell Ave. from W.65th St. to 400', more or less, South; thence easterly F, CONSTRUCTION OF VLLLAGE LATERAL WATERMAIN AND APPURTENANCES IN THE and parallel to W.65th St. a distance of 143', more or less; thence northerly arid parallel to Parnell Ave. to W.65th St ; West 65th St. from Parnell Ave. to Virginia Ave,; Virginia Ave. from W.65th St. to 210', more or less, north of W.64th St.; thence northwesterly along the south Blvd. of the Crosstown Highway Service lane to Parnell Ave,; Parnell Ave. from Crosstown Hwy. service lane to W.64th St. G. CONSTRUCTION OF VILLAGE LATERAL WATERMAIN AND APPURTENANCES IN THE FOLLOWING : W.65th Street from Barrie Rd. to France Ave.; Drew Ave, from W.65th St. to 435 Ft, So. He CONSTRUCTION OF VILLAGE LATERAL SANITARY SEWER AND APPURTENANCES IN W.65th Street from 5 Ft. W. of E. line of Drew Ave. extended, to 340 Ft. West. Vest' line of Devco Property from Proposed W.65th St., North 860 Ft. and at the hearings held at the time and place specified in said notice the Council has duly'considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvements; that said improvements are hereby designated as follows: I. CONSTRUCTION OF VILLAGE LATERAL SANITARY SEWER AND APPURTENANCES IN B Above STREET IMPROVEMENT NO. @8i% D Above SANITARY SEWER IMPROVEMENT NO. 218 E Above SANITARY SEWER IMPROVEMENT NO. 214 F Above G Above H Above I Above C Above SANITARY SEWER IMPROVEMENT NO 212 WATERMAIN' IMPROVEIENT NO. 181 WATERMAIN IMPROVEMENT NO. 182 SANITARY SEWER IMPROVEMENT NO. 215 SANITARY SEWER IMPROVEMENT NO. 216 I. 4/6/64 78 ad shall be so designated in all future proceedings, except that ltSTREET IMPROVENENT NO. '1964-101~shall be a temporary designation for the proposed Permanent Street Surfacing and PCC Curb and Gutter Improvement and this improvement shall be given a permanent designation when.it is determined what Type of permanent surfacing is to be used for said improvement. BE IT FURTHER RESOLVED that the areas proposed to be specially assessed for the costs of the respective 'improvements shall be as follows: FOR STREET INPROVEHENT NO. 1964-10 - All'lots and tracts of land abutting the street proposed to be improved--Lots 1 and 16, Block 2, and Lots 5 and 6, Block 3, Richmond Hills Addition. hcL; Block;'4;,.aU.:in.alevelandts Subdivision of Blocks 2, 3, 4, 13, 14 and 15, Emma Abbott Park thru 24, incl., Block 4, all in Cleveland's Subdivision of Blocks 2, 3, 4, 13, 14 and 15, Emma Abbott Park. ~ FOR SANITARY SEWER IMPROVEMENT NO. 23.3 - Lot 2, Block 1, Huber's Addn., provided that if declaration is filed that said lot will not become buildable lot there shall be no special assessment thereon; Lot 2, Block 1, Val-Don Builder's 1st Addn.; Lot 3 (E1/2), and Lot 5 (E1/2), Block 12, Nomandale Addn.; Lots 1 (E1/2), 3 (\?1/2), 2 (E1/2), 2 (W1/2), 3 (E1/2) 3 (W1/2), Block 19, Normandale Addn.; Lot 12, Block 11, liormandale FOR STREET IMPROVEHENT NO. C-87 - Lots 1 thru b2i.inc1, Block 3; LOtS..&3 thru 24 I FOR SANITARY SEWER IHPROVEMENT NO.. 212 - Lots 3 thru 12 incl., Block 3; Lots 13 Addn FOR SANITARY SEWER It-1PROVEMENT NO. 214 - Lots 1 (E1/2), '2 (E1/2), 3 (E1/2) 4 (E1/2) and 5,Block 18, Normandale Addn. Addn.; Lots land 2, Block 1, Huber's Addn.; Lot 2, Block 1, Hal-Don Builder's 1st Addn.; Lots 3 (E1/2), 5 (E1/2), Block 12, Normandale Addn.; Lots 1 (E1/2), 2 (E1/2) 3 (E1/2), 4 (E1/2) and 5 (E1/2), Block 18, Normandle Addn.; Lots 1 (E1/2), 2 (E1/2) 3 (E1/2), 1 (H1/2), 2 (T?1/2), and 3 (W1/2), Block 19, Normandale Addn.; Lot 12, Block 11, Normandale Addn. Block 4, Southdale Acres. FOR WATERMAIN IMPROVEHENT NO. 181 - Lots 7, 8, 9, 10, Replat of Block 9, Normandale FOR WATERMAIN IMPROVEMENT NO. 182 - Lots 1, 2 and 3, Cassin's Outlots and Lot 3, FOR SANITARY SEWER IMPROVEIENT NO. 215 - Lots 2 and 3, Cassin's Outlots, FOR SANITARY SEWER IMPROVEMENT NO. 216 - Lot 1, Block 1, Southdale Acres. Motion for adoption of Resolution was seconded ayes and no nays, as follows: MacMillan, aye; and on Rollcall there'were five e ; Tupa, aye ; VanValkenburg, I and Bredesen, aye; and the Resolution w COUNCIL VACATES UNNAMED STREET BETWEEN SOUTH LINE OF LEE VALLEY CIRCLE AND SOUTH LINE OF CAROLANE ADDITION, SUBJECT TO EXECUTION OF PROPER UTILITIES EASEMENTS. presented Affidavits of Publication in Edina-Morningside Courier Warch 19 and'26, 1964, of Posting Notice, and of mailing of Notice of owners of affected properties. affidavits were approved as to form and ordered placed on file, and, pursuant to due notice given, Public Hearing was conducted on the petition 6f Mr. Stanley W. Carlson, 7009,Lee Valley Circle, and others, for the Vacation of that Unnamed Street lying between the South line of Lee Valley Circle and the South line of Carolane Addition and between Lot 3, Block 1, Carolane Addition and Lot 3, Block 3 Cahlane Addition, There were no objections registered at the Hearing, and none had been received prior thereto. Northern States Power Company's letter, stating it does have overhead electric distri- bution facilities in a portion of the street,'fon service to 7013'Lee Valley Circle, and offering no objection to vacation of street providing permanent easement for facilities is granted or Company is reimbursed for rerouting'facili-ties', was read, VanValkenburg then offered the following Resolution and moved its adoption: Clerk Said RESOLUTION VACATING STREET ' UNNAE5D STREET LYING BETWEEN SOUTH LIHR OF LEE*VALLEY CIRCLE AND SOUTH LINE OF CAROLANE ADDITION WHERE;AS, two weeks' .published notice and posted notice of a hearing to be had on April 6, 1964, at 7:OO P.M., on the petition of Stanley 'w. Carlson, 7009 Lee Valley Circle, and others, for the Vacation of that Unnamed Street lying between the South line of Lee Valley Circle, and the South line of Carolane Addition, and between Lot 3, 3lock 1, Carolane Addition and Lot 3, Block 3, Carolane Addition, has been given and made, and a hearing has been had thereon by the Village Council: Hennepin County, lqinnesota, that the following street be and is hereby Vacatgd: NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina, "THAT UNNAMED STREET LYING BETWEEN THE SOUTH LINE OF LEE VALLEY CIRCLE AND THE SOUTH LINE OF CAROLANE ADDITION, AND BETKEEN LOT 3, BLOCK 1, CAROLANE ADDITION AND LOT 3, BLOCK 3, CAROLANE ADDITION, all as platted and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota". 4/6/64 Motion for adoption of the Resolution was seconded by Tupa, and on Rollcall therg 9 were five ayes and no nays', as follows: MacMi aye; Rixe, aye; Tupa, aye; 1, lkenburg, aye; and Bredesen, aye; and the (' (VanValkenburg then moved that Clerk be directed to delay transmittal of the foregoing Resolution Vacating Street until such time as receipt of notice from Northern States Power Company their facilities. is had to effect that the Company has easement for retention of 14otion seconded by Tupa and unanimously carried. SANITARY TRUNK SEWER NO. C-2 CONTRACT AWARDED TO BARBAROSSA & SONS, INC., AT $259,100.50, Friday, February 3, 1964, at 11:OO P.M., in response to Advertisements in Edina- Morningside Courier and Construction Bulletin March 12, 19 and 26, 1964. showed receipt of thirteen bids, the bid of Barbarossa & Sons, Inc., Osseo, Minn., being low at $259,100.50; McDonald-Luben, Inc,, second-low at $293,818.05; Nodland Construction Company, third low at $306,330.00; and Herbst Construction Company high bidder at $385,996.30. bidder, Barbarossa & Sons, at $259,100.50, and VanValkenburg so moved. .seconded by Tupa and unanimously carried. as SANITARY SEWER IMPROVEMENT NO, 210). Engineer Hite presented to Council tabulation of the bids taken Tabulation Recommendation was for award of contract to low (This Sanitary Sewer is also known Motion STREET IMPROVEMENT NO. C-86 (GRADE &'GRAVEL, DEWEY HILL ROAD) CONTRACT AWARDED TO M. E. KRAFT EXCAVATING & GRADING COMPANY AT $26,115.00. Mr. Hite presented tabulation of the bids taken today, in response to Advertisements for Bids in Edina- Morningside Courier and Construction Bulletin March 26 and April 2, 1964. showed receipt of eight bids, M.E.Kraft Excavating & Grading Coo being low bidder at $26,115.00; J.A.Danens & Son, Inc., second-low at $26,959.00; Terry Bros., Inc., third-low at $31,978.00, and Arthur Veit, high bidder at $47,437.50. Recommendation was for award to low bidder, M.E. Kraft, at $26,135.00, and Tupa so moved. seconded by VanValkenburg and unanimously carried. GOLF COURSE . VILLAGE TO PURCHASE FERTILIZER FOR EARKS FROM R. L. GOULD COMPANY. Tabulation of Bids on 60 Tons, more or less of Fertilizer forGgfik&@u@z&$ presented, showing receipt of two bids in response to Advertisement published in Edina-Morningside .Courier and Construction Bulletin March 26 and April 2, 1964. Tabulation showed receipt of bids from two bidders; On Base Bid - 30 Tons t112-4-811, R.L. Gould Co. at $102.00 per Ton, and Minnesota' Toro, substituting 1'10-3-71' which does not meet specs., $76.00 per Ton. Recommendation was for award to.Gould and Tupa so moved seconded by MacMillan and carried. on Pelleted, and $76.00 per Ton on Field Grade. Recommendation was for award on Pelleted price for 30 Tons, and Tupa so moved. Motion seconded by Rixe and carried. Toro did not bid on the t'16-8-811. Tabulation Motion On Alternate, "16-8-8", Gould bid $85.00 per Ton HOPKINS!' REQUEST FOR CONNECTION OE SANITARY SEWER TO AND THROUGH EDINA SANITARY SEWER. REFERRED TO VILLAGE ENGINEER. Village Manager Brubacher to enter into negotiations with Edina for connection of Hopkins Sanitary Sewer System to and through Edina Sanitary Sewer System, in accord with agreement of January 5, 1962, was submitted to Council, Engineer Hite asked for authority to work with Hopkins on this matter, and VanValkenburg moved that Engineer Hite be given authority and direction to work with Hopkins on this matter and repdrt back to Edina Council. Resolution of the Hopkins City Council, directing Motion seconded by MacMillan and carried. IMPROVEMENT PETITIONS ACCEPTED. and, by mot ion Tupa, seconded by VanValkenburg and carried, were accepted and referred to Village Engineer for programming: The following Improvement Petitions were submitted ' OILING - Adams Ave. from 400 to and including 425. OILIIJG - Wilryan Ave. from W.63rd St. to W.64th St. SANITARY SEWER =--Skyline Drive. UeS. BENCH CORPS GRANTED PERMIT FOR COURTESY BENCH AT SW CORNER, W054TH E FRANCE. U.S. Bench Corporation's application for permit to maintain a courtesy bench at Southwest Corner 54th and France was submitted, together with assent of property owner abutting. warning to owner that bench cannot be installed before permit is granted in the future, installed. VanValkenburg moved for approval of permit, together with He said that on way to work this morning he had seen bench, alkeady I Motion for approval was seconded by Tupa and carried. SOUTH GARDENS ASSOCIATION PROTESTS POSSIBLE R-5 ZONING OF PROPERTY S. OF 74TH ST., W. OF FRANCE AVE. AND.SE OF PROPOSED PARK. A. Dickson, President of South Gardens Association, protesting possible R-5 Zoning and high rise apartment construction, was submitted to Council, contents noted, and ordered placed on file; Letter dated March 20, signed by Harold 80 4/6/64 TUPA RECOMMENDS ACQUISITION OF LnW WD FOR PARK --OUTLOT 2, BERTELSON ADDN. Relative to letter from South Gardens Association, Council inspected plat, and i .during this inspection, Trustee Tupa inquired as to disposition of Outlot 2, ABertelson Addn. (a low lying tract of some four acres) , suggesting that Village acquire it, now, before plans are made to improve it. but Council suggested that Mr. Hite get Park Board's recommendation relative to this acquisition. (See action of later in Meeting relative to Bertelson Addn..) No formal action was taken, COUNCIL TO CONDUCT NEW PUBLIC HEARINGMAY.&¶ L, ON PETITION OF DEVCO, INC. FOR REZONING FROM R-4 MULTIPLE RESIDENCE DISTRICT TO R-5 MULTIPLE: RESIDENCE DISTRICT AND FOR VARIANCES TO PERNIT CONSTRUCTION OF TWO SEVENTEEN-STORY APARTNENT TO\JEBS, ON THE FOLLOWING DESCRZBED PROPERTY: "All that part of Lots 1 and 2, Block 2, SOUTHDALE ACRES,' Hennepin County Minnesota lying within the following described boundaries: 'Beginning at * the Northeast corner of said Lot 1, thence North along the East line of said Lot 2, 129.43 feet, thence deflecting Ninety Degrees No Minutes ' Forty Nine Seconds to the left and running Westerly 416.63 feet, thence South at right angles 295 feet,.thence East at right angles 60 feet, thence .. South at right angles 116.57 feet to a point in the Southwesterly line of said Lot 1, thence Southeasterly along the Southwesterly line of said Lot 1, 140.94 feet to'the most Southerly corner of said Lot 1, thence Northeasterly and Northerly along the Southeasterly and Easterly line of said Lot 1 to the point of beginning." Nr. Charles Spring was present to support the Petition of Devco Co. for the Rezoning of , and granting of setback variances for, the above described property for the purpose of permitting construction of two seventeen-story apartment towers on said property. R-5 Re-Zoning until "closer to time high rise apartments are ready for construction". This petition states, in part, ttAt this time, it is necessary for petitioner ko have an over-all plan for the. area in question to utilize this propertyein accordance with, not onlythe legal requirements df the Edina Zoning Ordinance, but also within the scope of economic limitation and of forseeable permissible uses of the property in question as a who1e.l' scheduling Public Hearing for Kay I$, -. At a Public Hearing on February 17, 1964, Council had tabled action on Motion by VanValkenburg, seconded by Tupa and carried, VILLAGE COUNCIL ACCEPTS VITH THANKS $100 DONATION BY JEWISH COkIMUNITY RELATIONS COUXCIL TOWARD EDINA POLICE PARTICIPATION IN "INSTITUTE ON POLICE AND COMMUNITY RELATIONS. that the Jewish Community Relations Council of Minnesota has contributed $65.00 to cover the tuition for Police Sgt. Robert Christy at the Institute on Police and Community Relations, and has also offered $35.00 toward his travel expehse to the Institute at East Lansing, l4ichigan, May 17-22. Tupa's motion, that Village Edanager be directed to express to the Jewish Community Relations Counc5lthe thanks of this Council and the Edina Police Department for this gift, was seconded by VanValkenburg and unanimously carried. Council was made aware, by communication from Police Chief Wayne Bennett, . COUNCIL,'S MARCH 16TH ACTION RELATIVE TO TAX FORFEITED LANDS IN BROOKVIEW HEIGHTS ADDITIONS CONFIREIIED BY RESOLUTION. Clerk reported Village Attorneys believe buncil's March 16th actions, relative to acquisition and purchase of certain ti& forfeited lands in Brookview Heights Additions (See Pages 44 and-45, this Book). VanValkenburg offered the following Resolution and moved its adoption: OF TAX FORFEITED LAND RESOLUTION PROVIDING FOR ACQUISITION WHEREAS, certain land within the Village of Edina, Hennepin County, blinne- J sota, to-wit: Lots 8, 20 and 21, Block 7, Brookview Heights 2nd Addition, and Lot 19, Block 3, Brookview Heights 3rd Addition, became the 'property of the State of Ninnesota under the provisions of Minnesota Statutes, Chapters 279 and 280 declaring the for- feiture of lands to the State for failure to pay taxes levied thereon.; and is in the best interests of the Village to acquire said Lots 8, 20 and 21, Block 7, Brookview Heights 2nd Addition for use as a public park and cecreational area, and to acquire said Lot 19, Block 3, Brookview Heights 3rd Addition for use as a public street : Edina, that the Mayor and Clerk are hereby authorized and directed to make application to the State Department of Taxation to acquire said land for the purposes hereinabove set forth and to request the Board of Commissioners of Hennepin County to give its approval of such acquisition, all pursuant to Minnesota Statutes, Section 282.01(1). WHEREAS, the Village Council of the Village of Edina has determined that it . *t NOW, THEREFORE, BE IT RESOLVED, by the Village Council of the Village' of Motion for adoption of the Resolution was five ayes and no nays, as follows: and on Rollcall there were Tupa, aye; VanValkenburg, aye; and Bredesen, aye; and the Resolution was 8.1 4/6/64 RESOLUTION PROVIDING FOR PURCHASE And VanValkenburg offered the following Resolution and moved its adoption: OF TAX FORFEITED LAND WHEREAS, certain land within the Village of Edina, Hennepin County, Minnesota, to-wit: became the property of the State of Minnesota under the provisions of Minnesota Statutes, Chapters 279 and 280, declaring the forfeiture of lands to the State for failurelto pay taxes levied thereon; and that it' is in the best interests of the Village to purchase said land from the State pursuant to Minnesota Statutes, Section 282.01 for park purposes, said land being adjacent to a stream known as "Nine Mile Creek," public access to which the Village desires to insure: of Edina, that the Mayor and Clerk are hereby authorized and directed to request the Board of Commissioners of Hennepin County, Minnesota, to determine the value of said land, to obtain the approval of said Board of the purchase of said land by the Village of Edina, and upon the receipt of such approval, to make paymeht to the County Treasurer of Hennepin County of the value of the land as determined by the Board of County Commissioners, and the Village requests that said land be sold to it at a special sale. Notion for adoption of the Resolution was seconded by Tupa, and on Rollcall there Lots 11, 12, 13 and 14, Block 3, Brookview Heights 3rd Addition, WHEREAS, the Village Council of the Village of Edina has determined , +' NOW, THEREFORE, BE IT RESOLVED, by the Village Council of the Village H,J, BACH REQUEST FOR REZONING TO R-3 MULTIPLE RESIDENCE DISTRICT, 6329 BROOKVIEW AVENUE, DENIED. Mr, Hite reported Mr. H. J. 8ach has requested R-3 14ultiple Resi- dence Zoning on this property, 6329 Brookview Avenue, which is North of-the Cross- town Highway and just West of Valley View Road;.that, about a year ago the Planning Commission had recommended R-2 Multiple Residence District as the best use for the land, and now recommends that R-3 Zoning (for three-unit apartment) be denied. Discussion had, and VanValkenburg moved that-request be denied in accord with Planning Commission's recommendations. PUBLIC HEARING TO BE APRIL 20, ON A,L, TEASLEY REQUEST FOR SIDE YARD VARIANCE. Mr, Hite reported that Planning Commission has recommended favorably on the request of Mr. A, L. Teasley for a Side Yard Variance at 5136 Tifton Drive, and VanValkenburg's motion, scheduling Public Hearing on request for Monday, April 20, was seconded by Tupa and carried. Motion seconded Tupa and carried. PRELIMINARY PLAT OF "BRAEMAR HILLS" APPROVED. north of Braemar Park and south of Mark Terrace Drive, encompassing some 58 lots, This Preliminary Plat, for the land was presented carrying Planning Commission's April 1st recommendation for approlaal. Mr. Hite explained to Council that part of the large hill must be removed (some lots have 7% of 8% slopes) but that this. can be accomplished. approving Preliminary Plat in acaord with Commissionls recommendations was seconded by Rixe and carried, VanValkenburg's motion "OVERHOLT PROPERTY" PRELIMINARY PLAT APPROVED, with "that part of Lot 13, Auditor's Subd.196 lying Wly of the plat of Overholt Hills Sally Addn, and lying Nly of a line drawn parallel with and 400 feet Sly from the N. line of said Lot 13" to be conveyed and used as a buildable lot--and part of the most Nly 60 feet of Lot 11, Auditor's Subd.196 to be conveyed and used as and for roadway purposes, was presented, carrying Planning Commission's recommendation for approval. Tupa's motion approving Preliminary Plat was seconded by Rixe and carried, treated as a llpreliminarytl it is not actually a plat but does involve Council approval of land conveyance; and Rixe then offered.the following Resolution ahd moved its adoption: This Preliminary Plat of two lots, , It was noted by Mr. Hite that, although this is a platting matter and FSSOLUTION WHEREAS, T, R. Anderson has requested the Village Council of the Village of Edina to approve the conveyance of. certain land below described so as to comply with Minnesota Statutes 471.29, Subdivision 2 and to the ordinances of this Village passed pursuant to; and conveyance be approved since failure to comply with the Village's platting require- ments will not interfere with the purpose of the platting regulations and failure to comply would work a hardship upon the parties involved. WHEREAS., the Planning Commission did, on April 1, 1964, reoommend that said NOW, THEREFORE, BE IT RESOLVED, That the subdivision to be made made by the conveyance of the land described below and the convey- . ande of the land described below is hereby approved; provided, however,'that the second described tract shall be used only for roadway purposes. The approval hereby given relates to the . following described tracts of land: 4/6/64 2. 1 That part of Lot 13, Auditor's Subdivision Number 196, Hennepin County, Minnesota, lying Westerly of the plat of Overholt Hills, Sally Addition and lying Northerly of a line drawn parallel with and 400 feet Southerly from the North line of said Lot 13, according to the plat thereof on file or of record in the office of the Registrar of Titles, Hennepin County, Minnesota. That part of the most Northerly 60 feet of Lot 11, Auditorls Subdivision Number 196, Hennepin County, Minnesota, lying Easterly of the Southerly extension of the Westerly line of the East Iroquois Trail as shown on the Plat of "Indian Hills11, on file and of record in the office of the Register of Deeds, Hennepin County, Minnesota, a11 according to the recorded plats thereof. Motion for adoption of preambles and resolution was-seconded by Rixe, and on FINAL PLAT OF llMEADO\qBROOK OAKS" APPROVED. the Planning Commission's April 1st recommendation for approval. This Final Plat was presented carrying This is six-lot plat north of the old streetcar right-of-way and Northerly end of Circle West in Hilldale. aacordance with Commission's recommendations, was seconded by Rixe and carried. VanValkenburg's motion, that Final Plat be approved by Council in BERTELSON ADDITION APPROVED SUBJECT TO DEDICATION OF 286.25 FT. STRIP. ?Ire Yite presented this Final Plat, being of some 25 lots, located south of South Garden Estates and east of Lake Edina 4th Addition. which has been designed to accommodate multiple zoning. He added that Outlots One and Three are parcels to be conveyed by the developer, Bertelson, for park purJoses, and Outlot 2 is unbuildable land, which is a buffer between single family and multi-family zoning, Mr, Danielson, of Danielson Bros. Builders, owners of several nearby properties in Lake Edina.4th Addition, inquired as to the extent of R-4 Zoning in "Outlot 2", and Mr. Hite replied that the nearest R-4 Zoning is acrpss the street. Some discussion was had relative to approaching Park Board for its recommendation on acquiring Outlot 2, and Mr, Hite replied there is no park need, in the regular sense--that the main reason for haaing this area is as buffer. developer of286.25-foot strip (Outlot 2). tlr. Hite told Council this is a plat I Consensus was that Final Plat be approved subject to dedication by No formal action taken. CAHILL-DEIJEY HILL LAND USE STUDY DISCUSSED. to the Cahill-Dewey Hill Land Use Study, with the help of visual aids. Mr. Hite reported to the Council relative He reported /'that the major revision involves Cahill Corner; that the Planning Commission has The plan for the entire area was f approved this proposal, which is re-alignment of I.f.70th Street coming off the bridge and then angling Soqthwesterly to Cahill Road. discussed at some l&ngth, but no formal action was taken thereon. EECOIJSIDERATION OF ASSESSHENT FOR STREET IMPROVEMENT NO BA-55 RECOMt4ENDED BY ENGINEER, Engineer Hite recommended that Council reconsider method of assessment employed for Street Improvement No. BA-55 (Curb and Gutter and Bituminous Surface Treatment) in Vilryan Ave. from Valley View Rd. to 1015' So., and in W.62nd St. from Wilryan Ave. to Valley View Road. with side footage on Wilryan and W.62nd St., had been assessed for their full side footage on the basis that they would never bear an assessment for Valley View Road (which was then a County Road); that Valley View is no longer a County Road at this point, and will need surfacing. 1/3 side footage assessment, which correction would raise rate of assessment from $10.42 to $11.20 per foot. Engineer asked to bring additional report back to Council. LAKE CORNELIA IK'ROVEkENT COI-IMITTEE'S REZATIVE TO WATER LEVEL OF LAKE REFEMD TO DOUGLAS BARR, CONSULTING €IYDR$ULIC.ENGLNEER. ment Committee relative to the present low level of Lake Cornelia and ways and means of raising it was discussed. Report is dated Narch 18, 1964, and copies have been mailed to all members of Council and to other Village officials. Village "restore a $rain, with control gate, between Pond ttBrl and Lake Cornelia by April LO, 1964, authorize diversion of water from Pond IrB1' into Lake Cornelia and maintain a reasonable level in LakesCornelia and Edina whenever possible, and conserve all water originating in the Village of Edina, allowing no water to be wasted or to flow out of Edina until it is surplus to needs of the Village.'I committee on its report, Engineer Hite told Council he has referred report to Douglas Barr for his opinions, inasmuch as Barr is designer of the Lake Cornelia system; saying he, Hite, feels there is some justification for recommendations, and that He explained that corner lots, fronting on Valley View Road He recommended that these corner lots be given Mr, Whitlock reported this will mean Public Hearing. The report of the Lake Cornelia Improve- It asked that Complimenting the water is being wasted. Report to council at nerrt meeting. 83 4/6/64 COUNCIL'AUTHORIZES PUBLIC HEARINGS ON PROPOSED IMPROVEMENTS FOR APRIL 20. Hite presented Preliminary Plans and Estimates of Cost on several proposed improveTents asking that Public Hearings be expedited, and Rixe offered the following Resolution and moved its adoption: Engin 2 RESOLUTION PROVIDING FOR PUBLIC HEARINGS PROPOSED SANITARY SEWER, WATERMAIN, AND STOW 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 SANITARY SEWER, STORM SEWER AND WATERHAIN IMPROVEMENTS described in the Form of Notice of Hearings set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the Village Clerk. Edina Village Hall, to consider in public hearingsthe+ views of all persons inter- ested in said proposed improvements, The Clerk is hereby authorized and directed to cause notice of the 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 publications is to be not less than three days from date of said meeting, and to mail notice to owners of affected properties not later than ten days before date of said meeting, which notice shall be in substantially the following form: I.. 2. This Council shall meet on Monday, April 20, 1964, at 7:OO P.M., in the 3. I NOTICE OF PUBLIC HEARINGS ON- SANITARY SEERS, WATERMAINS, AND STORM SEWER 93 *a d 13 u V EDINA VILLAGE COUNCIL will meet at the Edina Village Hail on Monday, April 20,1964, at 7:OO P.M., to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes 1961, Chapter 429. of said improvements is estimated by the Villa'ge as set forth below: The approximate cost ESTIMATED COST A. CONSTRUCTION OF VILLAGE WATERMAIN @ID APPURTENANCES IN THE FOLLOWING: 1, 'West 66th St. from Naomi Dr. to Tingdale Ave. Tingdale Ave. From W.66th St. to W.65th St, 9 9,362.61 2. Gleason Rd. from proposed trunk watermain 115 feet S. of Schey Dr. to Schey Dr.; on Dewey Hill Rd. $10,780.32 Schey Dr. from Gleason Rd. to proposed trunk watermain 3. Oaklawn Ave. from S, line-of South Garden Estates 4th Addn.; thence SEly to proposed W,74-1/2 St.; of France Ave. to W.76th St. W.74-1/2 St. from a pt. 1310 feet W. of the centerline Unnamed cul-de-sac from W,74-1/2 St. to 290 feet E. $24,879 . 46 B, CONSTRUCTION OF VILLAGE SANITARY SEWER AND APPURTENANCES IN L. -, . THE FOLLOWING : 1. West 66th St. from Naomi Dr. to Tingdale Ave.; Tingdale Ave. from M.66th St, to W.65th St, c $16,330.45 2. Gleason Rd, from proposed trunk sewer manhole 315' S, Schey Dr. from GLeason Rd. E, 350' to high point; Schey Dr, from proposed trunk sewer manhole on Dewey of Schey Dr. to Schey Dr.; Hill Rd. N. 737' to high point. $12,528.22 3, Oaklawn Ave, from centerline of Gilford Ave., S. and W.74-1/2 St, from a pt, 1310 feet W. of centerline of Unnamed cul-de-sac from W.74-1/2 St. to 290 feet E.; W.76th St. from intersection with W,7-41/2 St. to SEly to W.74-1/2 St,; France Ave. to W.76th St . ; 1488 feet E. $46,259.19 4, From existing trunk sewer manhole on south side of Highway #169 approximately 300' W, *of Block 2, Kohlridge Addition; thence easterly along the north side of Hawkes Lake to a point on the line between Lots 1 and 2, approxi- mately 15' north of the south line of said lots $ 5,815.62 C, .'CONSTRUCTION OF VILLAGE STORM SEMER AND APPURTENANCES IN THE FOLLOWING: 1. . Commencing at the intersection of Barrie Road and the proposed W,65th St. extension; thence northerly and on the east side of. Barrie Road to a point approximately 400 'feet north of the centerline of W.65th St.; thence east to the proposed York Avenue; thence north and into a storm water holding pond. $34,750.00 4/6/64 84/ The area proposed to be assessed for the cost of the proposed Watermain under A-1 and the Sanitary Sewer under B-1 includes Lots 13 thru 24 incl., Block 17, and-. Lots 1 thru 12 incl., Block 18, Normandale 2nd Addn.; Parcels #3000 and #3500, Sec. 4, T.116,R.21. The area proposed to be assessed for the cost ofthe proposed Watermain under A-2 and the Sanitary Sewer under B-2 includes Lots 5 and 6, Block 1; Lot 1 and Lots 10 thru 17 incl., Block 2; Lots 1 thru 7, incl., Block 3, Schey's Park View 3rd Addn.; Lot 2, Block 1, Schey's Park View Addn. The area proposed to be assessed for the cost of the proposed Watermain under A-3 includes Lots 1 thru 11 incl., Block 1, Lots 1 thru 11 incl., Block 2, and Lots 1 and 2, Block 3, Bertelson Addition. under B-3 includes Lots 1 thru 11 incl., Block 1; Lots 1 thru 12 incl., Block 2; Lots 1 and 2, Block 3, Bertelson Addition; Lots G, H. I, 5. K. L, bl, N and 0, Rauenhorst Addition; Tract C, Reg. Land Survey #990. under B-4 includes Lots 1 and 2, Block 2, Kohlridge Addition. C-1 includes a11 lots and tracts of land within the following described boundaries: "Commencing at the center line of Barrie Road and center line of proposed k7.65th St.; thence south on center line of Barrie Road a distance of 30 feet; thence west on the south right-of-way of proposed W.65th St. a distance of 660 feet; thence north a distance of 30 feet to center line of proposed W.65th St.; thence west on the center line of W.65th St. a distance of 300 feet; thence north a distance of 30 feet to the northerly right-of-way of proposed W.65th Street; thence east along the north right-of-way of West 65th St. to the inter- section of the west line of Lot 1, Block 1, Southdale Acres; thence continuing along the northerly right-of-way of W.65th St. a distance of 80 feet from the westerly line of Lot 1, Block 1, Southdale Acres; thence northerly and parallel with the west line of Lot 1, Block 1, Southdale Acres a distance of 165 feet; thence easterly and parallel with the center line of IJ. 65th St. a distance of 210 feet; thence northerly and parallel with the. westerly line of Lot 1, Block 1, Southdale Acres a dist'ance of 630 feet; thence. easterly and parallel with the center line of W.65th St". a discance of 370 feet to the westerly right of way of Barrie Road; thence southerly along the westerly right-of-way of Barrie Road to the center line of M.65th St.; thence easterly along the center line of W.65th St. a distance of 60 feet to the easterly right-of-way of Barrie Road; thence northerly along the easterly right-ofyway of Barrie Road to a point which is 530 feet north of the center line of We 65th St.; thence easterly and parallel with center line of W. 65th St. to the east line of Lot 1, Block 3, Southdale Acres; thence northerly along the east 1ine.of Lot 1, Block 3, Southdale Acres to'the northeast corner of Lot l., Block 3, Southdale Acres, said point also being the northwest corner of Lot 5, Cassin*s Outlots; thence easterly along the north line of Lot 5, Cassin's Outlots a distance of 577.2 feet; thence southerly to the north line of Lot 1, Block 1, Xerxes Avenue Addition, said point on north line of Lot 1, Block 1, Xerxes Abenue Addition being 50 feet from northeast corner of said Lot 1, thence southerly and parallel with the east line of Xerxes Avenue Addition to northerly right-of-way of V.64th St., said point being located 50, feet fxym southeast corner of Lot 6, Block 1, Xerxes Avenue Addition; thence easterly along the northerly right-of-way of W, 64th St. a distance of 50 feet; thence soash and . parallel with east line'of Xerxes Avenue Addition a distance of 60 feet to the south right-of-way of W.64th St.; thence westerly along the south right- of-way of W.64th St. a distance of 50 feet; thence south and parallel 50. foot distant from the east line of Xerxes Avenue Addition to the center line of W. 65th St. extended; thence westerly along'the center line of W, 65th St. extended to the center line of Barrie Road and there terminating." The area proposed to be assessed for the cost of the proposed Sanitary Sewer I The area proposed to be assessed for the cost of the proposed Sanitary Sewer The area proposed to be assessed for the cost of the proposed storm sewer under I GRETCHEN S. ALDEN Village Clerk Motion for adoption of the Resolution wai seconded by MacMil+n, aqd on Rollcall there were five ayes and no nays, as follows: VanValkenburg, aye; and Bredesen, aye; I LIQUOR FUND STATEMENTS as at January 31 and February 29, 1964, and TREASURER'S REPORT as at February 28, 1964, were submitted, reviewed and ordered placed on file. CLAIMS PAID: to Texaco,Inc,, amount $1,384,09, and to Arthur E Alice Schonberg, $1,440, and for payment of the following Claims as per Pre-List dated April 6, 1964, was seconded by Hac~fillan and carried: General Fund,$41,193.73; Const;F'und,$50.00;Park,ParkConst, Golf Course € Swimm. Pool Funds,$4,102.87; Water Fund,$33,&03.97; Liquor Fund,$57,499.32; Sewer Rental Fund,$2,658.36; Improvement Funds,$1,542;45--TOTAL, $140,450.70. Tupa's motion, approving payment in 13arch of Claims Nos.25148 and 25149,