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HomeMy WebLinkAbout19650517_regular5/17/65 MINUTES OF THE EDINA VILLAGE COUNCIL, 7:OO P.M., AT RF,GULAR MEETING OF THE HELD MONDAY, MAY 17, 1965, AT THE EDINA VILLAGE HALL Members answering Rollcall were MacMillan, Rixe, Tupa, VanValkenburg and Bredesen. HINUTES of the Regular Meeting of May 3, 1965, were approved as amended by motion of MacIdiLlan, seconded by Tupa and carried. that the name, "Cecilia V. Find," on page 97, be corrected to stCecilia V. Fink." ENGINEERING DEPARTMENT ENPLOYEES' TRAINING RECOGNIZED. Mayor Bredesen announced that Chief of Surveys, Donald Lofthus and Draftsman-Inspector, James Michalko, had recently completed, at their own expense and time, a course of training in construction inspection, average citizen expects, Village employees have taken their own time to receive training which is intended to improve their job performance. Completion of the course in construction inspection were presented by the IJlayor with his congratulations. . MacMillan*s amendment was I Mayor Bredesen explained that more frequently than the Certificates of \ PUBLIC HEARINGS ON PROPOSED IMPROVEMENTS. of Notice of Hearing in the Edina-Morningside Courier on May 6 and 13, 1965, and Clerk preseited Affidavits of Publication Affidavit of Mailing of said Notice on May 7, 1965, to form and ordered placed on file. were conducted on the following proposed improvements, and action was taken by Council as hereinafter recorded: A. CONSTRUCTION OF SANITARY SEWER AND A PURTENANCES IN THE FOLLOWING: Affidavits were approved as Pursuant to due notice given, Public Hearings Schaefer Road from Interlachen Bouleyard to 1950 feet south, and on an easement line from Interlachen Boulevard to 355 feet, more or less, north. Estimate of Cost was given as $59,758.73, to be assessed against an estimated 21 connections at $2,845,65 per connection. Blake Road from Waterman Avenue to easement line, On an easement line from Blake Road to Interlachen Boulevard and Schaefer Road. Schaefer Road from Interlachen Boulevard to 1950 feet south. Estimate of Cost was given as $21,159.40 to be assessed against an estimated 21 lots at $1,007.59 per lot, Mr. Hyde reported that the project was petitioned by four property owners in the immediate area, and that the project had been designed to accomodate any possible future need in the area. Boulevard and 5004 and 5008 Schaefer Road. In addition, Mr. Carl T. Jensen, owner of the property north of Interlachen Boulevard, between Blake Road and Interlachen Boulevard, and including the pond, reported by letter that he was in favor of the installation of both sewer and water, but opposed to the installation of either improvement separately. The owners of residences at 609 and 605 Blake Road also wrote a letter in favor of both water and sewer installations. 5004 Schaefer Road, and one of the petitioners, stated that he was unable to use his present private sewage system because of high ground water and was in favor of the improvement. Mr. Mark Dahlquist, 5012 Schaefer Road, presented a petition . opposing the proposed installation of water and sewer, representing ten residences on Schaefer Road. been constructed several years ago on large lots with deep set-backs. every instance the household drain to the sewage system is located at the back of the structure, requiring an excessively long service pipe around the structure or the destruction of the basement floor in order to reach Village sewer in the street. These factors would, according to Dahlquist, increase the total cost of sanitary sewer to an excessively high amount. which average 3.85 acres each, the east side average size is slightly over 2 acres. The three lots on Interlachen Boulevard at Schaefer Road, which petitioned for sanitary sewer, are approximately six-tenths and eight-tenths of an acre in size, This is probably one of the main causes of failures of their private systems, Dahlquist stated. He recommended that sever be brought in only far enough to serve theproperties which are in definite need. Road, stated that the absence of utilities such as smitary sewer was nearly unheard of in incorporated, metropolitan areas such as this. was being forced to exist under primitive conditions for the past six weeks. Err*. Frederick Thorson, attorney representing Mr. and Mrs. Roy Larsen, 6321 Interlache Boulevard, presented a petition signed by persons representing two residences on Schaefer Road, one of which was included on the petition submitted earlier by Mr* Dahlquist. supporting the need for sanitary sewer in the proposed area. that Nrs. R. H. Allen, owner of the property at 6400 Interlachen Boulevard, was not a resident in the area of the proposed project and therefore was not a bonafide petitioner. Mayor Bredesen informed Thorson that as long as Mrs. Allen was the owner of the property and would be paying for any improvement affecting her property she would be definately concerned. B. CONSTRUCTION OF WATERMAIN AND APPURTENANCES IN THE FOLLOWING: The petitioners are residents of 6400 and 6401 Interlachen Mr. Frank Wheeler, . Dahlquist stated that the majority of Schaefer Road homes had In nearly The west side of Schaefer Road has lots Mrs. Frank Wheeler, 5004 Schaefer She said her household Thorson stated that no public health nged has been established Thorson also contended Bredesen requested that Thorson not attempt to B 5/17/65 105. I. mislead the Council and audience. the petitioners had not made every effort to correct their private sewage system defects. receive the drainage of swimming pools or similar facilities. Thorson submitted the opposition of the Larsen's to the proposal for lack of "adequate need." and stated that he had a drainfield which was completely under water. stated that it has not been established that Wheeler has an established health problem. Mr. John Frasz, 6540 Tingdale Avenue, interjected that he had a similar sewage problem a year earlier, but had no problem in going through the Health Department to establish the problem. Mrs. Larsen told Frasz to remain silent because he was not invited to this hearing and did not live in the area of the proposed project, Mr, E. E. Quinn, 5209 Schaefer Road, and Mrs, Harold Schaefer, 5117 Schaefer Road, questioned whether or not those smaller properties at the north end of Schaefer Road could be serviced without including the rest of the properties indthe area. Mrs. Larsen stated that she had talked with a realtor recently and received the impression that the Wheeler property did not even have a drainfield. It allegedly had a system that could adequately serve the property for approximately ten years. She stated that if a drainfield were in the property, there would be no problem at this time. Wheeler stated that he did have a drainfield, as required by the Village ordinance, and requested Mrs. Larsen to confine the discussion to the limits of sanity. along the long dimension of the Wheeler property. make another statement at this point. speak again since he was not ''invited" to the hearing. the fact that Wheeler's system was inoperable was not due to a defect in the system itself, but due to the fact that there was excessive surface water on the prcperty. The Aanensons and Nelsons, have had problems with their systems and they have been constructed within two years, of whether or not the majority of abutting properties could successfully oppose such an improvement that the experience of the Council has been that delaying or rejecting such improvements merely compounds the problems and causes the affected property owners to return for the improvement within a few years.' The basic question, he stated, is not immediate need, rather the expected need for sewer within the next several years. comparable lot sizes, such as Indian Hills and Prospect Hills, are presently experiencing trouble with wells and sewage systems. improvement is an insurance forthe Schaefer Road area that when it is required in the near future it will be available, The project could either be installed in the total length of Schaefer Road or could be installed at the north end of the street to serve the properties in immediate need. It would, however, have to be installed at a greater depth in order to allow for the eventual connection for the rest of Schaefer Road, of the proposed sewer. Mrs. Larsen interrupted. the gavel, but Mrs, Larsen continued. Mayor Bredesen informed her that unless * she stopped talking she would be asked to leave the Council Chambers. Mrs. Larsen replied that she would have the Police Department escort her back and that she was not afraid of the Mayor, her out. her that she was not invited to disrupt the meeting. Hite continued to explain that it would be possible to install the beginning of the system, adequate to serve the properties in immediate need, at; a cost of approximately $2,100.00 per lot. The other fourteen lots south of the properties in immediate need would be assessed approximately $500,00 per lot to pay for the additional depth the pipe would have to be installed at to allow future extension to the south. At the time of their connection, they would pay the equivalent of $2,190.00, or whatever the individual share of extending the pipe would ber surfacing, therefore could not be compared to the $2,800.00 proposed assessment for installing the complete project at this time. Mrs. Larsen stated that if any project were to be considered favorably at this hearing that it should be for the complete project, not an abbreviated one with facility for future extension. She would then be in favor of, not opposed to, the complete system so that all properties would pay the same share as her property would. of replacing Wheeler's private system to demonstrate her reluctance to see anyone suffer. it and subdivided if the project were approved. New England, she said. per lot assessment for those not abutting the shorter pipe, would be an acceptable solution, assessment rather than the full assessment Mrs. Larsen agreed. Mayor Bredesen stated that it would be impossible to defer payment fpr an improvement that was installed and ready to use by the Larsens. installation of storm sewer on Schaefer Road were answered by Mr. Hite in stating Thorson further contended that it appeared that Also, according to Thorson, the proposed sewer is not intended to On these bases Mr. Wheeler questioned Thorson's critepia of adequate need, Mrs. Larsen Mayor Bredesen called for order to be established in the audience. Mrs. Larsen suggested that another drainfield then be constructed Mr. John Frasz attempted to Tdrs. Larsen said she did not want Frasz to Mrs. Larsen stated that Mrs. Wheeler represented that two other petitioners for the project, Mayor Bredesen, at this point, replied to a question Manager Hyde stated that areas of He stated that the proposed Mr. Hyde requested Mr. Hite to explain the contour Before Hite was able to explain the progile of the project, Mayor Bredesen attempted to restore order by striking The Mayor told her the Police would be the ones to escort She insisted that she was invited to the meeting, but Bredesen informed This would not include permanent street -- She even offered to bear the cost Mrs. Larsen promised that her property would be voided of the home upon This would allow her to move to Mr. Dahlquist proposed that the partial project, with $500.00 Mr, Thorson requested that the Larsen's be included in the $500.00 Questions regarding the possible .. 5/17/65 that plans for a proposed storm drainage system wece scheduled for later this year. hp e stated that stom sewer, if ordered, could be installed before the street was urfaced. ' adoption: VanValkenburg then offered the following Resolution and moved its (See Resolution Ordering Improvements later in Minutes. ) PARKLAWN AVENUE SANITARY SEWER AND VATERMAIN ORDERED ON 100% PETITION. Eianager Hyde presented .petitions from the owners of Tracts A and B, R,L,S. 1129, representing 100% ofthe abutting properties, requesting the installation of sanitary sewer and watermain extension in West 74th Street from approximately 670 feet wes$ of Erance Avenue South to approximately 1330 feet west of France Avenue South. was offered on the matterr moved its adoption: No discussion VanValkenburg .then sffered the following Resolution and RESOLUTION ORDERING SANITARY SEWER UPON PETITION THEREFOR I IMPROVEMENT NO, 238 AND WATEREIAIN IMPROVEMENT NO, 201 . . BE IT RESOLVED*by the Village Council of the Village of Edina, Minnesota, as follows : It is hereby found and determined that a petition has been filed requesting the Council to construct a SANITARY SEHER AND; TiA"rERALTATERm\TN cW?D? AFPWENANOES IN THE FOLLOWING : Parklawn Avenue from east line of Bertelsen Addition to 650 feet east, and to assess the entire cost against the property of .petitioners, and that said petition has been signed by all owners of real property abutting on the street where said improvement is to be located., The making of said improvement in accardance with said petition Js hereby ordered pursuant to Minnesota .Statutes, Section 429,031 (3) , (Session Laws of 1961, Chapter 525, Section 2). referred to in all subsequent proceedings as SANITARY SEWER IMPROVEMENT NO, 238 and WATERMAIN IMPROVEMENT NO. 201. ordered to be assessed against the properties abutting on the streets where said improvement is to be located. 1. 2. Said improvement is hereby designated and shall be The entire cost of said improvements is hereby I. RESqLUTION ORDERING IMPROVEMENTS SANITARY SEWER NO. 237 WATERMAIN NO. 200 BE IT RESOLVED BY THE VILLAGE COUNCIL, VILLAGE OF EDINA, MINNESOTA, that this Council heretofore caused notices of hearings to be duly published on the following proposed improvements: 1. CONSTRUCTION OF SANITARY SEWER AND APPURTENAN-CES IJl THE FOLLOWING: Schaefer Road from Interlachen Boulevard to 1950 feet south, and on an easement line from Interlachen Boulevard to 355 feet, more or less, north. CONSTRUCTION OF LATERAL WATERMAIN AND APPURTENANCES IN THE FOLLOWING: Blake Road 6rom Waterman Avenue to easement line. On an easement line from Blake Road to Interlachen Boulevard and Schaefer Road. Schaefer Road from Interlachen Boulevard to 1950 feet south 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 thecconstruction of said,improvements, and said improvements are hereby designated and shall be referred to in all subsequent proceedings as follows: , 2. No. 1 above SANITARY SEWER IMPROVEMENT NO. 237 No. 2 above WATERMAIN 114PROVEMENT NO, 200 and the areas to be specially assessed therefore shall be as follows: For Sanitary Sewer Improvement No. 237 and for Watermain Improvement No, 200 - Lot 1, Block 1, Wayne Terrace; Lots 11, 12, 13, 14, 19, 20, 21, 22, 23, 24, 25, I 26, 27, Auditor's Subdivision 325; plock 28, IYIendelssohn Addition; Lots 4, 5, cMillan and ollcall there * 5/17/65 COUNCXL DIRECTS ADVERTISEMENT FOR BIDS ON PUBLIC IMPROVEMENTS. -At the request of Engineer Hite, Rixe offered the following Resolution m'd movedLits adoption: RESOLUTION APPROVING PLANS AND SPECIFICATION?! FOR PROPOSED IMPROVEMENTS AND DIREXTING ADVERTISEMENT FOR BIDS SANITARY SEWER IMPROVEMENTS NOS, 231, 232, 233, 234, 235 ,' 236, (2373 (2382 WATERMAIN IMPROVEMENTS, NOS. 193; 194, 195, 196, 197, 198, 199, 200, 201; - GRADING & GRAVELING It4PROVEMENTS NOS. C-88, C-89; 91, 95 j PTREET IMPROVEMENTS NOS, BA-68, BA-69 ; 1 GIFT STATION AND FORCE MAIN IMPROVEMENT NO, 3; STORM SEWER IMPROVEMENTS NOS. 85, 86, 87, 89, 90, 88, BAt72, BA-73, BA-74, BA-75, BA-76, EA-77, E-20; ALLEY IMPROVEMENT NO A-161 ; CURB AND GUTTER IMPROVEMENT NO, B-77 / BE IT RESOLVED BY THE VILLAGE COUNCIL, VILLAGE.OF EDINA, MINNESOTA: 1. The glans and specification for the proposed improvements set forth in the following Advertisement for Bids €om, heretofore prepared by the Village Engineer and now on file in the office of the Village Clerk are hereby approved The Clerk shall cause to be published three times Courier and Construction Bulletin the following notice for 2, EDINA , MINNESOTA . BIDS CLOSE FRIDAY, JUNE 18, 1965, SANITARY SEWERS, WATERMAINS, STORM SEWERS, GRADING E GRAVELING, in the Edina-Morningside bids.for improvements: -- - LIFT STAT~ON AND FORCE MAIN SEALED BIDS will be received and opened in the Council Chambers in the Edina Village Hall, 4801 W, 50th St., at 11:OO A.M., Friday, June 18, 1965, and the Edina Village Council will meet at 7:OO P,M. , on Monday, June 21, 1965, to consider said bids for the construction of Sanitary Sewers, Watemains, Storm Sewers, Grading 5 Graveling, Lift Station and,Foyce Main. approximate quantities of major items: SANITARY SEWERS AND APPURTENANCES 10,500 L/F 911 V.C.P, Sanitary Sewer L/F 6" V.C.P. House Services C/Y 1" - 1-1/2" Rock S/Y Bituminous Replacement with Gravel Base The following are 3,300 1,000 8,000 3,000 S/Y Sod 1. Each, Sanitary Sewer Lift Station WATERMAINS AND APPURTENANCES 16,500 L/F 6" C,I.P. Watermain 600 L/F 8" C.I.P. Watermain 3,000 S/Y Sod 7,400 1,100 L/F 60" R.CIP. Arch Pipe S/Y Bituminous Replacement with Gravel Base STORM, 'SEWERS @ID APPURTENANCES 500 300 300 500 920 220 500 1,750 1,700 2,300 4,300 400 4,000 1,300 4,000 1,100 LO ,000 L/F 42" R.CIPL Arch Pipe L/F 36". R.C.P. Arch Pipe L/F 48" R.C.P. Pipe L/F 42" R.C.P. Pipe L/F 36" R.C.P, Pipe L/F 33" R.C,P. Pipe L/F 30" R.C.P. Pipe L/F 27" R.C.P. Pipe L/F 24" R.C.P. Pipe L/€ 18" R.C.P. Pipe L/F 15" R,CIP. Pipe L/F 12'' R.C.P. Pipe L/F 72" C.M,P, Bituminous Coated with Paved Invert S/Y Sod C/Y 1" - 1-1/2" Rock C/Y Ditch Excavation S/Y Bituminous Replacement with Gravel Base GRA;DING AND GRAVELING 12,700 C/Y Street Excavation 18,000 Ton Class 5 Gravel Base 26 Trees Removed Work must be done as described in plans and specifications on file in the office of thel.YiLlage Clerk. $10.00 (by check), which deposit will be refunded upon return of said plans and specifications. by cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten (LO) per cent of amount of base bid. The Council reserves the right to reject any or a11 bids. Plans and specifications are available for a deposit of No bids wiL1 be considered unless sealed and accompanied BY ORDER OF THE EDINA VILLAGE COUNCIL* B HALLBERG VilLage Clkrk 5 /17/6 5 (Official ,eublication) VXEZIAGE OF'EDXNA HENNEPIN COUNTY , MINNESOTA ADVERTISEMENT FOR BIDS PLANT MIXED BITUMINOUS SURFACING WITH CLASS 5 GRAVEL BASE, PORTLAND CEMENT CONCRETE CURB AND GUTTER, PORTLAND CEMENT CONCRETE SURF'ACING RITH INTEGRAL CURB SEALED BIDS will be received and opened in the Council Chambers in the Edina Village Hall, 4801 \?. 50th St., at 2l:OO A.M., Friday, June 4, 1965, and the Edina Village Council will meet at 7:OO P.M., on Monday, June 7, 1965, to consider said bids for the construction of Plant Mixed Bituminous Surfacing with Class 5 Gravel Base, Portland Cement Concrete Curb and Gutter, Portland Cement Concrete Surfacing with Integral Cwb. 1 The following are approximate quantities of major items: 13,000 C/Y Excavation 53,000 S/Y 4" Compacted Class 5 Gravel 23,000 S/Y 6'l Compacted Class 5 Gravel 53,000 S/Y 4" Plant Mixed Bituminous Binder Course 56,000 S/Y 1-1/2" Plant Mixed Bituminous Weafing Course M.H.D. Specification 2341 3. Filler i M.H.D. Specification 2331 .- 24,000 S/Y 2" Plant Mixed Bituminous Hearing Course 1 M.H.D. Specification 2341 5,000 S/Y Cultured Sod 39,000 L/F B6-18 Portland Cement Concrete Curb and Gutter 850 S/Y 6" Non-reinforced Portland Cement Concrete Pavement with Work must be done as described in plans and specifications on file in the office ofthe Village Clerk. $10.00 (by check), which deposit will be refunded upon return of said plans and specifications. cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten (10) per cent of amount of base bid. the right to reject any or all bids. Integral Curb Plans and specifications are available for a deposit of No bids will be considered unless sealed and accompanied by The Council reserves BY ORDER OF THE EDINA VILLAGE COUNCIL. FLORENCE HALLBERG Motion for adoption ofthe Resolution was sec COUNCIL CONTINUES PLAN APPROVAL OF T.H. LOO PLANS TO JUNE 7, 1965, presented to the Council and interested spectators to proposed plan for upgrading of T.H. 100 from thenorth Village Limits to the Crosstown Highway interchange. Mr. Hite explained the major features of theproposed Minnesota Highway Department plan, indicating the location and design of the intersections with various arterials in the Village. Manager Hyde presented a letter from hlr. C. G. Simenson, 5825 East View Lane, which stated his objection to the Benton Avenue interchange, objected to the depreciation of the value of his property and disputed the need for the proposed interchange on the grounds that the West 50th Street and Crosstown High- way interchanges were easily accessable from the Benton Avenue area. that Simenson's objection to placing the interchange at the school property was mifounded since the School Board desired and approved thelocation of such an interchange in the immediate area of the high school. East View Drive; Archie Smith, 5817 East View Drive; Vernon Ten, 5012 Benton Avenue; John Palmer, 5813 East View Drive and Bill Corty, 5833 East View Drive, presented various objections and questions regarding the Benton Avenue interchange. It was suggested by Manager Hyde that the hearing be continued to June 7, 1965, when a representative from the Minnesota Highway Department would be available to explain the proposed project and answer the questions of affected property owners. 14acl.iillan so moved, seconded by VanValkenburg and carried. PLANNING COMMISSION ACTIONS SET FOR HEARING ON JUNE 7, 1965. seconded by Tupa and unanimously carried, the following planning and zoning matters were scheduled for public hearing on June 7b 1965: George Hite Simenson Hyde stated Messers Dean Carlson, 5821 By motion of fixe, 1. - 2. 3, If. W. Lewis, Garage side yard variance 4. Bob Staber, Side yard variance D. 1.1. Akins, Open Development District to Multiple Residence District R-2 Riley Construction, Variance on floor area ratio and density 5/17/65 J 109 s ...*. .... .. I I PRELIMINARY APPROVAL GIVEN FOUR PLATS. and unanimously carried, the following plats were given preliminary approval: Cooper Addition, Colonial Grove VI Addition, Savory Addition and Bell Addition, INTERLACHEN HILLS (LINCOLN PARK) AND EDINA VALLEY ESTATES I1 ADDITION, PLATS GIVEN FINAL APPROVAL. Mr. Hite reported that'the Planning Commission had recommended Tina1 approval of the plats, beginning of the apartment development by Wallace Kenneth along County Road 18, south of the Pederson Dairy property, VanValkenburg moved final approval of the Interlachen Hills (Lincoln €?ark) plat, seconded by Tupa and unanimously carried. Mr, Hite presented thepplat of Edha Valley Estates 11 AdditionLlocated south of the Crosstown Highway, between the railroad and Valley View Road. attention to the area along the Creek which has been reserved for flowage and creek purposes. carried . Upon Tupa's motion, seconded by MacMillan, 4 -*- He explained that the Interlachen Hills plat was the He directed MacMillan moved final approval, seconded by Tupa and unanimously COUNCIL RECOMMENDS INSTALLATION OF TRAFFIC CONTROL SIGNAL AT WEST 70TH STREET AND FRANCE AVENUE, SOUTH. Mr, Bruce Shubert, 7108 West Shore Drive, recorninended to the Council that a traffic control signal be installed at the intersection of France Avenue and West 70th Street., to facilitate the safe movement of traffic onto France Avenue. Mr. Hite reported that a control was to be installed at that intersection when the south extension of Fpance Avenue is completed in 1966. stated that a temporary installation could be proposed on a 50 per cent cost sharing with the County, amounting to approximately $6,000 . offered the following Resolution 30 the Hennepin County Highway Department and moved its adoption: He VanValkenburg then A RESOLUTION REQUESTING THE INSTALLATION OF TRAFFIC CONTROL SYSTEM AT WEST 70TH STREET AND FRANCE AVENUE SOUTH BE IT RESOLVED BY THE VILLAGF, COUNCIL, VILLAGE OF EDINA, MINNESOTA, that: an investigation of an automatic traffic control signal system €or the intersection of France Avenue South (County Highway 17) and West 70th Street, by pending construction plans in the area of the above intersection, The Hennepin County Highway Department earnestly and expeditiously initiate The signal system be installed at the earliest possible date, not qualified Motion for adoption of the Resolution was sec were five ayes and no nays, and the Resolutio Mayor Bredesen absented himself, Mayor Pro Tern VanValkenburg presided, Johns SANITARY SEWER. BACK-UP PROBLEM DISCUSSED, Messers James Lundquist, 6332 St Avenue, Elmer Johnson, 6337 St. Johns Avenue, and Harold Hornquist, 4504 West 54th Street, requested that some action be taken to alleviate the back-up of sanitary sewer flow in basements in the area of St, Johns Avenue, Garrison Lane, Ashcroft Lane and Milless Lane, sewers back up into the basements. the Village Public Works Department on several occasions when the back-up was occurring, but nothing has been done to correct the situation, that the suspected main cause of the flooding was that low-lying manholes were being opened by residents of other apeas to take storm water out of yards and low areas. Another contributing factor is that the trouble area has some sanitary sewerage with ninety degree bends in it, preventing the pipes from receiving the maximum amount of flow, He stated that certain manhole covers had been ordered welded shut today, that an investigation would be made to further pinpoint the cause of the flooding, and that televising of portions of the sanitary sewers would be advisable to determine if there were breaks or other contributing defects. PLANNED INDUSTRIAL DISTRICT BUILDING AND SITE PLANS GIVEN FINAL APPROVAL, presented the final building and site plans for the Fabri-Tek structure oii County Road 18, north of Highway 169, which indicated that the exterior of the building would be brick construction on all sides and that the plantings were more extensive and attractive than the petitioners had originally proposed. final approval be granted, seconded by Tupa and carried. It was reported that whenever there is a rain, the sanitary The residents reported that they had contacted Mr. Hite explained I. Mr. Hite MacMillan moved that Mr. Hite then presented the plans for the proposed DuPont structure to be located in the Edina Interchange Center, alternate steel insulated verticle panels and with inside loading docks. questioned whether or not the finishing of the steel panels should be specified by the Village, and recommended that the Planning Department reach a satisfactocy agreement with petitioners regarding such finishing, approval be gran t-d, seconded by MacMillan and UnanimouS1y carried* They represented an all-brick exterior with Rixe Rixe then moved that final 5 /17/6 5 1fULTTPT;E ESIDENCE BUILDING PROPOSALS SUBMITTED FOR COUNCIL INFORMATION. Mr. Hite presented the final plans for the following multiple residence projects as matters of informafion: Mark Jones' and Kenneth Nordling's R-4 structures in Bertelsen Addition, a revised plan by Dietrich Construction for the R-4 area northwest of 44th Street and Brookside Avenue, and an addition to Heritage Nursing Home. MANAGER GRANTED AUTHORITY TO SECURE ADDITIONAL BUILDING INSPECTOR. reported that the items previously shown to thp Council are demonstrative of the-volume and complexity of the construction presently facing the Inspections Department. He reported that he was able to secure a new building inspector . for less than the council had originally authorized, but expected that more manpower would be required to handle the exceptionally large amount of non-single family residential construction. large project plans would be sent to the International Conference of Building Officials for their plan-check service, the cost of which would be included in the building permit. at a maxhum monthly salary of $500,00 or on a per diem basis if necessary. moved that the Manager be granted the authority to employ an additional inspector, seconded by MacI4illan and unanimously carried. JAMES INVESTMENT COMPANY R-2 REZONING REQUEST DENIED. James Investment Company had petitioned to rezone numerous lots in Edina Valley Estates Second and Third. Additions from Open Development to Multiple Residence District R-2a was too extensive and too vague, since there were no specific plans submitted or evidence of commitments for double bungalows on the Ka-rious lots, and that the petition be denied. A representative from James Investment Company stated that the firm intended to repetition for portions of the rezoning, but would provide specific lot sizes and building plans. Rixe moved that the Planning Commission recommendation for denial be accepted, Motion was seconded by Tupa arid careied. COUNCIL GRANTS PRELIMINARY APPROVAL TO LOT DIVISION FOR Ra V, GISSELBECK. Mra Hite presented the proposed division of Lot 4, Block 6, Edina Interchange Center, petitioned by R. V. Gisselbeck. divide the lot into east and west halves, and has submitted dpawings of the proposed lots with proposed building sizes on each. prepared because petitioner did not want to incur the expense of their preparation until it was determined whether or not the division would be granted. moved that preliminary approval be granted at this time, with final approval contingent upon submission of satisfactory huilding plans. and unanimously carried. Wallace Kenneth's 80-unit plan for Interlachen Hills, Manager Hyde He informed the Council that it was intended that Hyde requested authority to employ an additional inspector, Tupa Mr. Hite reported that It was the recommendation of the Planning Commission that the rezoning ? \ Mr, Hite stated that the petitioner desired to No specific building plans were Tupa I Motion was seconded by MacMillan PETITIONS RECEIVED. to Engineering Department for programming by motion of 14acMilBan, seconded by Rixe and carried: Ogling: The following petitions were accepted and ordered referred Maloney Avenue from Blake Road to west line of Interlachen Country John Street from Maloney Avenue to north cul-de-sac Monroe Avenue from Belmore Lane to north Village Limits Tingdale Avenue from Nest 63rd Street to Nest 64th Street John Street from Maloney Avenue to south cul-de-sac West 66th Street from Tingdale to Vilryan Avenue Tingdale Avenue from West 65th Street to West 66th Street Benton Avenue from Code Avenue to Bernard Place Shannon Drive from Dewey Hi31 Road to Lee Valley Road Walnut Ridge to Fabri-Tak, Inc, property VACATION OF PORTION OF TYLER AVENUE SET FOR JUNE 21, 1965, kARING. Rixe, seconded by Tupa, and carried, the petition for vacation of Tyler Avenue from Belmore Lane to north Village Limits was accepted and Public Hearing scheduled for June 21, 1965. Club property Watermain Extension: On MotXon of SPECIAL ASSESSMENTS PENALTIES WAIVER REQUEST REFERRED TO ATTORNEY FOR PREPARATION. Manager Hyde reported that Messers Super and Pribula had petitioned Hennepin County to have the penalties on back taxes and special assessments waived because they had been unable to'use the property, described as part Tract B, Registered Land Survey No. 519, because of pending acquisition by Hennepin County Highway Department. The Village had denied petitioners the opportunity to build'.on the property because of plans for highway use. . Auditor had agreed to waive the penalties on property taxes, and petitioners now requested the Village to waive penalties on special assessments which amounted to approximately $600.00. be directed to prepare the necessary Resolution granting the waiver of penalties. kfotion was unanimously carried. , The Hennepin County Attorney and Rixe moved, seconded by MacMillan, that the Village Attorney 5/17/65 8. i. STATE AJD STREETS =DESIGNATEDb aid streets, designated for use of gasoline tax monies, has not been changed in the past six or seven years, previously designated state aid streets be deleted from that category and others added, bringing the total street miles to within two miles of the maximum allowable for state aid purposesb moved their adoption: Mr. Hitasexplained that Edina's system of-state .The Engineering Department recomm&ded that certain MacMillan then offered the following Resolutions and RESOLUTION REVOKING MUNICIPAL STATE AID HIGHWAYS. roads hereinafter described should be revoked as Municipal State Aid Streets under the provisions of Minnesota Laws ; that the roads described as follows, to-wit: WHEREAS, It appears to the Village Council of the Village of Edina that the NOW, THEREFORE, BE IT RESOLVED, by the Village Council of the Village of Edina, 138-020 Dewey Hill Rda Cahill Rd, to TbHb #lo0 ,63 Miles 152-010 Whiting Ave, ' Tracy Ave. to Valley View Rd, b11 Miles 150-020 Wooddale Ave, Valley View Rd, to Cob .Rd. #62 ,30 Miles 151-020 Valley View Rd. Whiting AVBr to Wb 65th St, ,17 Miles Lb21 Miles are, and hereby are revoked as Municipal State Aid Streets of said Village subject to the approval of the Commissioner of Highways of the State of Minnesota. BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to forward two certified copies of this Resolution to the Commissioner of Highways for his consideration, Motion for adoption of the Resolution was seconded by Tupa, an9 on Rollcall there RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS .. WHEREAS, It appears to the Village Council of the Village of Edina that the streets hereinafter described should be designated as :Municipal State Aid Streets under the provisions of Minnesota Laws of 1959, Chapter 500: NOW, THEREFORE, BE IT RESOLVED, by the Village Council of the Village of Edina that the roads described as follows, to-wit: Brookside Avenue Interlachen to Nb Village Limits b57 Miles Edina Industrial BZvd. wa 78th Stb to TeHa #loo .61 Miles West 77th Street TeHa #loo to Wb 76th Street b80 Miles West 76th Street \Ib 77th Stb to York he. extended b78 Miles York Avenue 14, 70th Stb to 8b 78th Stb b92 Miles West 66th Street TaHe #LOO to Ridgeview Drive ,35 Miles Ridgeview Drive W, 66th Ste to Wb 65th St. .23 Miles West 65th Street Rd b34 Miles Blake Road T.H. #169 to TPacy Avenue 1,Ol Miles Cahill Road wb 70th Stb to Wb 78th Stb b92 Miles West 78th Street Cahill Road .to Bush Lake Road ,17 Miles Valley View Road Antrim Ave, to County Road #18 1,51 Miles Dewey Hill Road West line Sec, 8, T, 116 , R, 21, , , 1' Ridgeview Drive to Valley View to Valley View Road ,71 Miles 8,92 Miles are, and hereby are established, located, and designated as Municipal State Aid Streets of said Village, subject to the approval of the Commissioner of Highways of the State of Minnesota, BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to forward two certified copies of this Resolution to the Commissioner of Highways for his consideration, and that upon his approval of the designation of said roads or portions thereof, that same be constructed, improved and maintained as Municipal State Aid Streets of the Village of Edina, to be numbered and known as Municipal State Aid Streets. 112 .. 5/17/65 . , ........ I...... . . VT1;I;AGFT TO CORRECT WASH-OUT PROBLEM ON WEST 66TIj STE.ET. Avenue, submitted a letter to the Council requesting that Mr. John Frasz, 6540 Tingdale the wash-out problem on I West 66th Street west of Tingdale Avenue be corrected. Public Works Department was going to construct a blacktop drainage ditch along the problem area, but no street would be built. solve the problem cited by Mr. Frasz. Jlr. Hite explained that the - He. stated that this action should EDINA STATE BANK DESIGNATED AS DEPOSITORY FOR VILLAGE FUNDS. On Mr. Dalen's recommendation, IdacMillan offered the following Resolutions and moved their adoption : RESOLUTION DESIGNATING DEPOSITORY (EDINA STATE BANK) BE IT RESOLVED, that the Edina State Bank, Edina, Minnesota, authorized to do business in Minnesota, be and hereby is,. designated as an Official Depository for the public funds.of the Village of Edina, County of Hennepin, Minnesota, for a period of six months from this date.. s and no nays, and the Resolution SECURITIES IN LIEU OF BOND (EDINA STATE BANK) BE IT RESOLVED, that the Village Council of the Village of Edina, Minnesota, approve the assignment by its depository, the Edina State Bank, Edina,. Minnesota, of the following securities, as good and sufficient collateral for the Village of Edina Public Funds deposited in said depository: U. S. Treasury 4% Notes due 11-15-66, par value of $45,000.00 Guarantee of Federal Deposit Insurance Corporation, $10 , 000 00 four ayes and no nays, and the Resolution was act4illan offered the following proposed ent fhat the words 'lBuilding Official" in line 10, page" 3, be changed to read tlVillage".: ORDINANCE NO, 51B AN ORDINANCE REGULATING THE ERECTION, CONSTRUCTION , ENLARGEMENT, ALTERATION , REPAIR, MOVING , REMOVAL, DEMOLITION, CONVERSION , OCCUPANCY, EQUIPMENT, USE , HEIGHT., AREA AND MAINTENANCE OF ALL BUILDINGS AND STRUCTURES, PROVIDING FOR THE ISSUANCE OF PERMITS AND.COLLECTLON OF FEES THEREFOR, PROVIDING PENALTIES FOR THE VIOLATION THEREOF, A)ID REPEALING ORDINANCE NO, 51A AND: AMENDMENTS THERETO THE VILLAGE COUNCIL OF THE VILLAGE OF EDLNA, MINNESOTA, ORDAINS: Section 1. ,Uniform Building Code Adopted. There are hereby adopted and incorporated herein by reference, as an ordinance of the Village of Edina, the documents entitled TJniform Building Code, 1964 Edition, Volume 1,l' and Uniform Building Code (Standards), 1964 Edition, Volume I11 ,I1 both. published by International Conference of Building Officials, but excluding Section 203 ofthe main body of &id Code. e Sec. 2. Uniform Building Code on File. Three copies of said documents, marked llOfficial Copy" shall be filed in the office of the Clerk prior to publication of this ordinance, and shall remain on file in said office for use and examination by the public. upon request. . understood to refer to l'ViJ.lage,ll and "City Council'1 shall be understood to refer to "Village Council." Sec. 4. Changes in Code. The following changes are hereby made in said Uniform Building Code, Volume 1: (a) The Clerk shall furnish copies of said documents at cost to any person Sec. 3. Construction of Codes. Whenever used in said Codes, llCitylt shall be The maximum amount of the fine provided in Section 205 shall be $100. I - ._ 5/17/65 The last sentence of paragraph (c) sentence substituted therefor: "When required by state law, plans 113 of Section 301 is deleted and the and specifications shall be prepared and designed by an architect or- qualified engineer licensed by the State of Minnesota to practice as such." Paragraph (d) of Section 301 shall be amended to read as follows: -- "(d) Information on Plans and Specifications, Plans shall be drawn to scale upon substantial paper or cloth and shall be accompanied by specifications of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this Code and all relevant laws, ordinances, rules and regulations, give the house and street address of the work and the name and address of the owner and person who prepared them. Official may approve references on the plans to a specific section or part of this Code or other ordinances or laws. The first sheet of each set of plans shall In lieu of detailed specifications, theLBiailding "Plans shall include a survey of the lot upon which the proposed building or construction is to be done, prepared and attest.ed by a registered surveyor, and the following infomnation: Scale of drawing. Lot and block number Dimensions of lot and north point. Dimensions of front, rear and side yards. Locations of all existing buildings on the lot. Location of proposed building or construction. Location of stakes established by the surveyor along each side lot line a distance of 30 and 60 feet from the front lot corner, The maintenance of these stakes once established by the surveyor shall be the responsibility of the building permit applicant . The side yard and set back dimensions of buildings located on adjacent lots. The location of all easements as shown on record plats, Grade elevations at the following points: a, Each lot corner ( eithei? existing or proposed). b, Crown of proposed street at each lot line extended. c. Proposed lawn and driveway elevations at the street side of house, Such elevations may be based upon an assumed datum but shall be tied by the surveyor to a specified bench mark for which the elevation has been obtained from the' Village Engineer's office, The proposed disposal of drainage and surface waters, indicating direction of surface water drainage by amows," (d) The first sentence of paragraph (a) of Section 303 is deleted and the following substituted therefor: "Buildini Permit Fees . Buildings designed for Group 1 Occupancy - $16.00 for the first 1,000 cubic feet plus $1.00 for each additional 1,000 cubic feet or fraction thereof . . fraction thereof. i4inimum fee Buildings designed for A through H Occupancy - $1.40 per 1,000 cubic feet or of $35.00. Buildings designed for J Occupancy - $11.00 for first 22,000 cubic feet or fraction thereof plus $.50 for each 1,000 cubic feet or fraction thereof. For repair, alteration, remodeling or conversion of a building, a fee shall be paid to the Village of Edina as follows: $6.50 up to $l,OOO,OO construction cost plus $2.00 for each additional $500.00. For demolition of a building, a fee shall be paid to the Village in the amount of $10,00 before work commences.' A plan checking fee shall be charged €or a11 work with a valuation' of $100,000.00 or more at the rate of one-half the building permit fee." (e) Section 303 is amended by adding thereto a further paragraph (c), reading "(c) Refund of Fees. as follows: by the holder thereof, with proof satisfactory to the Building Official that no construction was undertaken pursuant thereto, he shall refund to the holder the building permit fee paid by him, except that 5% of the fee paid or $25.00, whichever is greater, shall be retained by the Village. made in such cases of any plan checking fee paid under subsection (b) hereof, except that no refund shall be made if the Village has caused the plans to be checked," (f) The first paragraph of Section 2202 is deleted and the following substituted: Upon return of a building permit to the Village A refund on similar terms shall be 5/17/65 .. . L '!Type as specified in E dina . V buildings shall have exterior walls.covered with solid sheathing Section 4, subsection (h), of Ordinance No, 51B of the Village of (g) The first vertical column of figures appearing immediately next to the description of roof members in Table No. 23-B included in Section 2305 is changed as follows: Change 20 to 40 Change 16 to 30; and Change 12 to 20, The second and third vertical columns shall be disregarded. Compliance with said amended roof live load'capacities shall be deemed adequate for snow loads. In subsection 4 of subsection (b), delete "Except for one-story detached buildings of Group J occupancy, where twenty-four inch (24") spacing may be used,"' Subsection (c) is deleted. Subsection 2 of subsection (f) is deleted and replaced by the following: I (h) The following changes are made in Section 2507: 112. Sheathing. All exterior wood stud wa1J.s shall be sheathed with wood boards, plywood or asphalt-impregnated wood fiber board. Sheathing, if of wood, shall be cover-d on the outside face with one layer of waterproof building paper. used, the minimum thickness shall be 5/8". used, the minimum thickness shall be 1/2", and if sheathing of fiberboard is used, it shall be 25/32'' thick. to each stud with not less than one nail, or to solid nominal wood sheathing with not less than one line of nails spacdd not more than 24" on center in each piece of siding, to hold the bottom of the siding secure and thereby to hold tight the top of the piece bklow. to each stud shall be used to' hold each piece." If wood boarding or shiplap is If plywood sheathing is AU siding shall be securely nailed Nails shall be so located as Where such nailing is not possible, two nails Sec. 5. Appointment of Board of Appeals. The Mayor shall forthwith proceed to carry out the provisions of Section 204 by appointing five qualified members of the Board of Appeals created by' said- Section. Sec. 6. Surface Water Hazards and Interferences. (a) Denial of Permit;. The Building Inspectot. shall deny a permit for cotlstruction or enlargement of a dwelling on ground which is too low for adequate drainage of surface waters. enlargement of any building when it appears that the proposed elevations of the lot for which the permit is to be issued, in relation to the established or proposed grades of adjoining or nearby streets, will probably cause a change in the existing drainage of surface waters which will result in substantial damage to private or public property, or in substantial hazard or inconvenience to persons residing in the Village or travelling on its streets. (b) Interference with Surface Waters. No temporary or permanent obstruction, diversion, bridging or confining of an existing channel or natural waterway through or over which any lake, stream or surface water naturally flows shall be made without the written approval of the Village engineering and building departments. Sec. 7. Repeal.- Ordinance No. 51A of the Village, known as the Building Code of the Village of Edina, Minnesota, and all amendments thereto are hereby repealed; provided, however, that all the provisions thereof shall continue to be applicable, permit has been issued thereunder and have been incurred by the builder prior to the effective date of this ordinance in reliance on the provisions of said Ordinance No. 51A, so that to apply the provisions of 1964 edition of the Uniform Building Code to the proposed construction would work a hardship on the builder applying for a building permit; however, the building permit application and fees and building inspectibns'shall be as provided in Chapter 3 of said Code (Volume l), as amended'herein. He shall also deny a permit for construction or (a) " (b) to all construction not completed (or not begun), but for which a building to constructi6nLfor'which no building permit has been issued, but costs Sec. 8. * publication. This ordinance shall take effect'immediately upon its passage and I HOPKINS SEWER CONTRACT DISCUSSED. of Hopkins had requested a reduction in the rate of interest to be charged on the unpaid balance of Hopkins' share of the sanitary sewer C-1 and C-1 extension costs. He said that earlier drafts of the proposed cost sharing agreement between Hopkins and Edina for the interconnection of sanitary sewers had contemplated that the rate of Lnterest would be 5%, but that Hopkins Mas now requesting that the rate of interest be not in excess of 3"1/2%. t4r. Dalen further stated that he had checked with some of. the bond companies , and that he had been advised that Hopkins' credit rating would probably permit them to borrow on the open market at the 3-1/2% figure. Nr. Rixe asked why Hopkins dj.dn't go,a ead and borrow the mone at that rate and pay Edina in full ,/& &tqh& sf%&&& ~~~r~~~~tpss8~~~~e~~~~e~~yso made this impossible. the unpaid C-1 connection balance to be 3-1/2%. unanimously carried. Mr. Dalen advised the Council that the City Tupa moved that the rate of interest be charged Hopkins on Rixe seconded and the motion I . __ 5/17/65 1 'I' 5 .....,,..... I. . .. PLAN APPROVAL OF CROSSTOWN HIGHNAY - COUNTY ROAD 18 INTERCHANGE DELAYED. Mr. Hite Gented the latest proposal of the Hennepin County Highway Department for the design of the interchange of the Crossfown Highway and County Road 18. the various aspects of the proposal and demonstrated kethods of access and egress. VanValkenburg suggestedthat the proposal first be shown to the property owners in the immediate area before any Council action is taken. He explained MANAGER REPORT ON PROGRESS OF ICE ARENA PROJECT. Mr, Frank Pattee had been appointed to perform the architectural work, with Manager Hyde reported that Mr. Lloyd Brenna performing the structural, civil and mechanical engineering on the .arena. Manager Hyde and Mr. Roslarid attended a meeting in Chicago, Illinois, recently where they were exposed to some of the current experience in ice arenas. Hyde reported that .the most successful. refrigeration plants have been shown to be gas powered rather than electrically powered. The water supply for the ice arena will be from its own separate well. will go out to bidders on about June 15, 1965, with a bid opening date in early July. All facto'cs being favorable* the structure should be completed by December 1, 1965, It was also reported that the Village Attorney had completed a draft agreement for the Lake Conference Schools to.tise the facility. a five year commitment with option by either party to extend for an additional five years. It was reported that the revenue predictions by the participating schools were quite optimistic, and on a revenue sharing of 70 per cent for the VilLage and 30 per cent for the Lake Conference it would be possible for the l8-year bonds to be paid for within the.ten-year contract tern, It is expected that the plans and specifications Generally, it presents STATEMENT OF SURPLUS AND RESERVES PRESENTED. a statement of surplus and reserves; for all Village funds. Mr. Dalen presented to the Council The statement reflected that a grand total of $1,618*239 was in reserve. COUNCIL REQUESTS STATE OF MINNESOTA TO STOCK NINE MILE CREEK WITH TROUT. recommendation of Manager Hyde, Mact4illan offered the following Resolution and moved its adoption: At the *A RESOLUTION REQUESTING STATE OF MXNNESOTA TO STOCK NINE MILE CREEK WITH TROUT FISH WHEREAS, Nine Mile Creek traverses several miles of property in the Village of Edina, and is suitable for game fish, and, WHEREAS, the Village of Edina has taken extensive measures to preserve the Creek area as a recreational resource, and WHEREAS, the sport of game fishing is considered an important recreation for all citizens, that the Conservation Department of the State of Minnesota be requested to stock said Nine Mile Creek with trout fish. THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, s and no nays, and the Resol ofthe following Claims as per y Tupa and unanimously carried: General Fund, $42,879,00; Construction Fund, $19,674.84; Park, Park Construction, Park Sinking, Golf Course and Swimming Pool Funds, $20,809.91; Water Fund, $15,419.99; Liquor Fund,* $87,721.77; Sewer Rental Fund, $820.42; Improvement Funds, $139,189.20; Temporary Improvement Fund, $l5,O37. 50 ; TOTAL, $341,552.63 . The Meeting's agenda having been covered, Tupa's motion for adjournment was seconded by Rixe and carried. Meeting adj