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HomeMy WebLinkAbout19660502_regular5/2/66 MINUTES OF THE REGULAR MEETING OF THE EDLNA VILLAGE COUNCIL HELD AT VILLAGE HALL ON MONDAY, MAY 2, 1966 Members answering Rollcall were Trustees Johnson, MacMillan, Tupa, VanValkenburg and Mayor Bredesen. MINUTES of April 18, 1966, were approved as corrected by motion of Tmstee VanValkenburg seconded'by Trustee Tupa and carried, requested a "dust-free street" rather than "permanent sur€aced street" and that the guide-lines to be prepared by Mr. Harriman and Mr. Whitlock relative to recommended assessment policy for Storm Sewer No. 103 would be presented for Council's consideration rather than for its approval. Corrections were that Mr, Tupa, Jr, had WALTER E. JOHNSON, Edina Police Patrolman, received congratulations of Council for having successfully completed a course in Supewisory Methods in Police Administration conducted by the International City Managers ' Association. STUDENT,S-,-FROM SOUTH, VIEW JUNIOR HIGH SCHOOL were welcomed by Mayor Bredesen GS ON PROPOSED IMPROVEMENTS. Affidavits.of Mailing on April 22, 1966, and of publication in the Edina-Morningside Courier on.Apri1 21 and 28, 1966, were presented by Clerk, which affidavits were approved as to form and ordered placed on file, proposed improvements and action was taken by Council as hereinafter recorded: A. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE Pursuant to due notice given, public hearings wece conducted on the following FOLLOWING: .. Millpond Place from Westbrook Lane westerly to east line of Minneapolis, Northfield E Southern Railroad, Stating that this hearing has been continued from Council Meeting of April 18, and that bids had since been received which were lower than the estimate, Mr, Hite presented the revised cost per assessable foot at $9.32 for Permanent Street Surfacing and Concrete Curb and Gutter. and costs estimates were given as follows: As requested at the previous meeting, possible storm sewer mutes 1, Running pipe under the railroad tracks to the west, estimated construction cost was presented at $9,142 with an estimated assessable cost of 9+ per square footr Running pipe easterly down Millpond Place toward storm sewer in Westbrook Lane, estimated construction cost was given at $6,901.93 at an estimated cost of 7$ per square foot, Draining easterly down Millpond Place as in the second plan, but extending pipe to include the backyard at 5120 Millpond Place, estimated at $11,835 construction cost and estimated cost per square foot of 12+, * Mr, Hite stated that the Engineering Department recommends only installation of permanent street surfacing and concrete curb and gutter and suggested that at the Assessment Hearing it might be proposed that the properties at 5120 and 5121 Millpond Place be assessed for 69 feet rather than 50 feet because of vacated Pukwana Lane and that the properties at the corner of Millpond Place and Westbrook Lane be assessed only one-third bf their Millpond Place frontage because they have been assessed full €rentage for improvements in Westbrook Lane. of the temporary obstruction, the bridge at T.H, 169-212 and would serve to cause the water to drain northerly along the west side of the tracks, Mr. Hite also stated that the intersection of Interlachen Boulevard and TIHI 169-212 will be improved this summer and that pipes will be installed in Interlachen Boulevard, alleviating a considerable amount of flow from that area. A gentleman in the audience inquired as to which properties would be assessed and was told that only-,Phg abutting properties would be assessed. heard concerning the proposed improvement, sewer in the area seemed inadvisable Trustee VanValkenburg offered the following resolution and moved its adoption: 2, 3. Mr. Frank Tupa, Jr., asked the location and puppose He was told by Mr. Hite that the obstruction is under No further discussion was Stating that the construction of a storm RESOLUTION ORDERING IMPROVEMENT PERMANENT STREET SURFACING AND C0NCRET.E CURB AND GUTTER NO, BA-96 BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the following proposed improvement: CONSTRUCTION OF PERMANENT STREET AND CONCRETE CURB E GUTTER IMPROVEMENT in Millpond Place from Westbrook Lane westerly to east line of Minneapolis, Northfield, E Southern Railroad hd at the hearing held at the time and place specified in said notice the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvement including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvement 5/2/66 that said improvement is hereby designated and shall be referred to in a11 subsequent proceedings as STREET IMPROVEMENT NO. BA-96; and the area to be specially assessed therefore shall include a11 lots and tracts of land abutting the street to be improved. Motion for adoption of the resolution was seconded by Trustee MacMillan and on Rollcall I B . CONSTRUCTION OF STORM SEWER AND APPURTENANCES IN THE. FOLLOWING: Code Avenue from I?. 56th Street north to the north line of Lot 2, Richmond Hills 3rd Addition extended; thence westerly to the northwest corner of Lot 1, Richmond Hills 3rd Addition; thence northerly to the northwest corner of said Lot 1, Richmond Hills 3rd Addition. 1-fr. Hyde stated that the original drainage district as proposed at the Council Meeting of April 4, 1966, had been in error and that the additional assessable area would mean- that the estimated cost per square foot had been reduced from 7.60 to 2.90. Alternate estimated cost on a per lot basis had been reduced from $591.30 to $313.04 which would be assessed against 17 parcels. an alternate method would be to construct a swale between lots 5 and 6 which would divert much of the storm water to the 56th Street Storm Sewer, The Code Ave. pt?oblem would not then be as great and could be solved by construction of a swale which would cost approxi- mately $300.00 which could be charged against the cost of the existing storm sewer which was constructed in 1956. A gentleman in the audience stated that there is already a swale in the northeast corner of the-lots involved and that a swale is effective only if it is properly maintained. He stated that the Village had approved plans for the area and that it should be the responsibility of the Village to correct any existing water problem, He also stated that present costs are unreasonably high. Mr. Hite stated that the difference in price between the-original storm sewer and the proposed work is the difference in scope of the work and that it has only been.in recent years that projects include backyard drainage and this accounts for much of the increase in price. property owners, informed Council that in his.opinion the proposed storm sewer would not be a valid expenditure of public funds because this is a drainage system proposed to relieve a private problem of only two property cwners. He stated that Council members would make themselves liable for this expensel A gentleman in the audience stated that the Village was negligent in allowing the contractor to build at grades which caused this problem and also indicated that the original storm sewer had not accomplished its proposed purpose. that his property had been included in the second hearing only and requested that the matter be deferred until properties to the west have an opportunity to check into the matter more fully. be tried and if it is not successful, a more comprehensive plan can again be considered. Trustee VanValkenburg stated that the Village has a responsibility to the safety of children and that this responsibility must not be shirked. He then moved that the storm sewer as proposed be abandoned and that the swale be constructed, the cost of which would be charged against Storm Sewer Improvement No. i31c an8 unanimously carried. Mr. Hite stated that since the mailing of the notices, Mr. Edmund Montgomery, who stated that he is an attorney representing ten Mr. Kendall Stevens, 5217 Nindsor Avenue, stated Mayor Bredesen stated that he would recommend that the new proposal Motion was seconded by Trustee Tupa MILLS- CONSTRUCTION COMPANY GRANTED FIRST READING F0R.R-4 ZONING FOR PROPERTY AT OLINGER ROAD AND T,H. 169-212. Edina-Morningside Courier on April 21 were presented by Clerk, which affidavits were Affidavits of Mailing on April 21 and of Publication in the approved as to form and ordered placed on fiLe. Pursuant to due notice given, public hearing was conducted on the.request of MiUs Construction Company to Pezone Lots J, through 5, Block 1, McGary Addition from Single Family Dwelling District (R-l) to R-4 Multiple Residence District. This property is on the southwest quadrant of Olinger Road and T.H. 169-212, bounded on the north by a 20-unit apartment building, on the east by single family residences, on the south by large lots and single family dwellings and on the west by single family dwellings and the Edwards property which is zoned R-3 Multiple Residence District. building which would contain twenty 1,200 square foot, two bedroom units. * withheld until a deed restriction be received which would allow no more than one < s$uilding containing twenty dwelling units. Mr, James Hawks of Midwest Planning showed ? ’ a picture of the proposed building. He stated the backyard would be depressed with a 4 fence and landscaping and residence parXing would be underground. A lady in the audience asked how far the pool will be located from the south property line and was told that 4 there will be 200 feet of lawn between the pool and the property line and that building flrights on this property would be waived by the proposed deed restriction. Mr. Norman Olmstead, 5804 Olinger Road, asked where sewer and water would come from and was told The petitioner proposes to construct an apartment Planning 4 Commission has recommended approval providing the publication of the ordinance be 5/2/66 99 I m u V 1 by Mr, Hite that the sewer would be extended from the south and that water would come from the other side of the highway, Mr, Edward Ripple, 4824 Olinger Road, asked what plans had been made for the Mud Lake area to the south and indicated that he feared that the proposed apartment building would set a precedent for other apartments in the area, already been done along T.H, 169-212, but that the property to the south would not present the same problem, had been approved on TtHI 169-212 because the property had been zoned commercial in 1930 and it had been feared that commercial buildings would be built, A gentleman in the audience asked how far the apartment would be from 6017 Olinger Road and was told that it would be about 160' which would be in lawn except for the turn-around, also informed that the driveway would be 35' away from the lot line. Mrs. 3, C, McGary 6017 Highway 169 spoke in opposition to the proposed apartment, questioned what affect the apartment would have on traffic, the proposed extension of Olinger Road along the lake which will tie into Tracy Avenue at W. 62nd Street wiLl add substantially to traffic whether or not the apartment is approved, whiLe private dwellings generate six trips per days how far west multiple residence zoning is anticipated, probably terminate at Blake Road and might involve the extension of Blake Road to Gleason Road, Mayor Bredesen from Mr. and Mrs. Earl Carson, 5908 Merold Drive. In reply to a question from the audience, Mr, Hawks stated that because improvement plans must be solvedfirst, he did not anticipate that construction would begin before next spring, Second Reading should be withheld pending receipt of approved plans and of th,e deed restriction as recommended by Planning Commission, Trustee VanValkenburg ofT&ed Ordinance No. 261-L31 for First Reading as follows: Mr,:Hite replied that this project could not set a precedent because that had Mr, Hyde pointed out that the gasoline stati6n and apartments He was A gentleman in the audience He was told by Mr, Hite that He stated that each apartment unit is estimated to generate 3-1/2 trips per day A gentleman in the audience asked Mr. Hite replied that it would A letter of opposition to the proposed apavtment building was read by Stating that ORDINANCE NO, 261-131 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: S-ection, 1, Paragraph 1, Multiple Residence District Bounda&is, of Section 4, (Multiple Residence District) of Ordinance No. 261 or revised ordinances of the Village of Edina, as amended, is hereby further amended by adding the following sub-paragraph: "District R-4 : "(24) McGary Addition." Section 2.. Lots One (l), Two (21, Three (31, Fou~ (41, and Five (5); Block One (11, This Ordinance shall be in full force and effect from and after its passage and publication according to law. WATSON CONSTRUCTION REQUEST FOR R-4 ZONING IN GRANDVIEW AREA CONTXNUED. Mr. Fredlund presented request of the Watson Construction Company to rezone a ten acre tract of land lying between Grandview Lane and Edina Highlands Subdivision south of W, 52nd Street from Single Family Dwelling District (R-1) to R-4 Multip'le Residence District. The property is bounded by single famiJ.y dwellhgs on the north and west, double bungalows on Grandview Lane to the east and the balance is business and commercial buildings. Mr, Fredlund stated that this is the fourth of a series of proposals presented since 1962 and that it is the plan which has been considered most acceptable by the Planning Commission, Mr, Fred Watson of the Watson Construction Company, stated that a traffic plan is being developed which would provide safe access to T,H. 169-212, He stated that underground parking will be provided for resident parking, that the roof will be lower than the basement floors in Edina Highlands, that there will be a three story elevation to the west and a two story exposure toward the double bungalows on Grandview Laner For these reasons he believes the building will be as unobtrusive as possible, Mr, Richard A, Appelgren, 5024 Hankerson Ave., spoke in opposition to the proposed apartment building and stated that he resented the fact that he had not been notified by mail, for apartment hearings. is not one cut out for single family homes, multiple dwelling plans had been denied by the Planning Commission because they were not consi.dered suitable for development of this property, He further stated that all attempts possible are made to keep residents informed of developments in the Village, Mr. Peter Weiss, 5216 Grandview Lane, stated that this apartment building would cause an influx of additional traffic in the neighborhood. be developed to prevent increased traffic to the north and east, petition which requested that the hearing be continued to May 16 in order that a traffic plan can be developed, Mr, Oscar H, Will, 5028 Bedford Aver, asked if this property could be used for additional park area so that children in the neighborhood do not have to cross T,H, 169-212 in order to reach a park. Mayor Bredesen stated that this suggestion is impractical because there is already a considerable investment in park property in the area, He further pointed out that T.H. 169-212 will not be a major highway following improvements which are proposed to be started in the fall of 1967, 5221 Orandview Lane, stated that he thinks the problem of access to the highway is serious He expressed the opinion that mailed notices should be sent to a Larger area Mr. Hyde reiterated that several previous Mayor Bredesen replied that this is a problem area and that it He requested that stringent requirements He then presented a Mr, Herman Drew, 5/2/66 and that measures should be taken to alleviate the problem no matter how the property is developed. Ave., both requested that measures be taken to keep traffic of€ of Bedford Ave. unidentified lady in the audience stated that access to T.H. 169-212 at W. 53rd Street is extremely dangerous. would change the entire complexion of the neighborhood and requested that the matter be deferred until a satisfactory traffic plan could be det,ermined. In response to a question from the audience, Mr. Watson stated that taxes are estimated to be $90,000, of which the school system should receive $00,000, the Village approximately $9,ffiOO and the County and State would receive the balance. A gentleman in the audience asked the size of the property in question and was told that the area proposed to be rezoned is approximately ten acres with an additional seven acres remainling to the south. Mr. Donald G. Pederson, 5116 Bedford Ave., asked how far the north line of the apartment would extend from I?, 52nd St. extended. He was told that there would be a distance of 170 feet. In response to a question as to whether fire and police protection could be efficiently carried out with only one egress, Mr. Hyde stated that he would recommend that there be two provided. A gentleman on Bedford Ave. stated that homeowners nearby' will stand a considerable financial loss and that they are in need of protection from the Village. -Mayor Bredesen stated that Council has a responsibility to all property owners in Edina as well as to the owners of this property. He stated that apartments are less expensive to accomodate than single family homes and that if single family dwellings should be built in this area they would not be of a quality that would support a number of children per house. building an asset to the community, hearing until May 16 in order that a traffic plan can be developed for the area, which motion was seconded by Trustee Tupa and unanimously carried. Mr, 17m. J, Kaehler, 5121 Bedford Ave., and Mr, Ralph 8. Ortiz, 5136 Bedford An Mr. John McGary stated that an apartment building of 170 units I He further remarked that he considers a good apartment Trustee Johnson then moved continuation of the 5400- AVE. ZONING DESIGNATION CORRECTED. which corrects the zoning designation of Parcel 50, Lot 1, Block 1, Seeley's First Mr. Fredlund presented Ordinance No. 261-133 Addition to Hawthorne Park from R-2 Multiple Residence District to R-1 Single Family Residence District, property was brought to Council for R-2 zoning and denied. In 1964 the property was inadvertently reclassified to R-2 Multiple Residence District and this ordinance is intended to correct this zoning designation, noti€ication.has been sent out relative to the 1964 zoning, %he property was never legally rezoned from R-1. of the building, Nr. E. R. Anderson, stated that lilt.. Anderson had gone to considerable expense in remodeling the building after buying it in 1953. had always been used as 'a double dwelling and quoted from Edina Ordinance,No. 261:7-1 i; ! which states that any building which on or before May 28, 1931, was being used in a manner for a purpose which did not conform with the requirements of the.ordinance, but which was not prohibited by any other existing ordinance of the Village, may continue to be used as such. dwelling at that time and that it has been used as a double dwelling since. further that a nkber of building permits have been issued by the Village for remodeling the premises, the last permit having been issued two years ago. that it is necessary first to correct the designation of the property as R-1, then to establish the right to use this property as a duplex and that after this determination has been made, it will be necessary to determine whether or not it is suitable under the Housing Code for a double dwelling. Ordinance No. 261-133 as follows: Nr. Fredlund stated that in 1962 the question of use of this 14r. \?hitlock stated that because no Miss Suzanne Anderson, representing her father and ownel;. I She stated that the building Miss Anderson stated that the building .was being used as a double She stated Attorney Whitlock stated IJaiving Second Reading, Trustee 14acM~Llan then offered ORDINANCE NO, 261-133 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF EDINA BY REDESIGNATING FROM R-2 MJLTIPLE DISTRICT TO SINGLE FAMILY DWELLING DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section l., Paragraph 1, PIultiple Residence District Boundaries, of Section 4, Multiple Residence DisTrict, of Ordinance No. 261, is amended by deleting therefrom the following described property: "Parcel 50, Lot One (11, Block 'One (I), Seeley's First Addition to Ha'wthorne Park" which property is herein re-established as Single Family Dwelling District, passage and publication . Motion for adoption of the resolution was seconded ATTEST : Section 2. This Ordinance shall be in full force and effect immediately upon its rustee VanValkenburg and on rollcall there were five ayes and no nays Mayor 5/2/66 NEW HEARING. SET FOR STORM SEWER IMPROVEMENT NO, 104, Mr6 Hite stated that a meeting had been held with property owners in the Sunnyslope District on April 27 relative to Storm Sewer’ Improvement Nob 104, at which time various opinions were voiced. He stated that Council has authorized the construction of a stomn sewer or swale on Mamh 7, 1966. Mayor Bredesen stated that the only question is whether or not property owners would acceed to condemnation6 Mr. A, I, Rauglahd, 4821 Wb Sunnyslope Road stated that this is not a community or storm sewer problem, Mr, Rb L, Firth, Q817 W. Sunnyslope Road, stated that the April 27 meeting was neither-.conclusive or constructive and that area residents have hired a professional engineer to bring in additional opinions for consideration, which time Mayor Bredesen suggested that an entire new hearing be held, Trustee VanValkenburg then offered the following resolution and moved its adoption: Mr. Firth requested that the matter be continued for two weeks, at RESOLUTION PROVIDING FOR PUBLIC HEARING ON VILLAGE STORM SEWER AND APPURTENANCES l6 The VillagrEngineer, having ’submitted to the Council a preliminary report; as to the feasiability of the proposed Storm Sewer Improvement described in the fom 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 Clerkb 2. Village Hall to consider in public hearing the views of all persons interested in said improvement. 3. and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notices to all a€€ected properties in substantially the following form: This Council shall meet on Monday, May 16, 3966, at 7:OO P.M. in the Edina The Clerk is hereby authorized and directed to cause notice of the time, place NOTICE OF PUBLIC HEARSNG ON STORM SEWER EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday , May 96, 1966 at 7:OO P.M., to consider the following proposed improvement to be constructed under the authority granted by Minnesota Statutes of 1961, Chapter 429, of said improvement is estimated by the Village as set forth below: The appmximate cost ESTIMATED, COST CONSTRUCTION OF VILLAGE STORM SEWER AND APPURTENANCES IN THE FOLLOWING: On an easement Line from East Sunnyslope Road to a point in Lot 13, Block 1, Sunnyslope Section, Country Club District, said point being 45 feet west of the east line and‘65 feet south of the north line of said Lot 13. $ 4,689.58 The area proposed to be assessed for the cost of the proposed Storm Sewer listed above includes all lotsaand tracts of land within the following described boundaries: Commencing at a point in the north line of Lot 4, Block I, Sunnyslcrpe Section, Country Club District, said point being 50 feet west of the northeast corner of said Lot 4; thence southwesterly to a point in the west line oE said Lot 4, said point being 70 feet northwesterly’of the southwest corner of said Lot 4; thence southwesterly to a point in. the west line of Lot 5, Block L, said point being 40 feet northwesteply of the southwest corner thereof; thence southwesterly to a point in the northerly line of Lot 7, said BIock 1, a distance of 90 feet southeasterly of the most noptheply corner of said Lot 7; thence southwesterly to a point in the east line of Lot 8, Block l, said point being 60 feet southerly of the northeast corner of said Lot 8; thence northwesterly to a point in the sputh line of Lot 9, said Block 1, said point being 90 €eet northwesterly of the most southerly corner of said Lot 9; thence northerly to a point in the northeasterly line of Lot 9, said Block I, said paint being 90 feet southeasterly from the most northerly corner of said Lot 9; thence northerly to a ,point Xthe most southwesterly line of Lot 21, said Block 1, said po,int being 60 feet southeasterly of the most westerly cornep of said Lot ll; thence northeasterly to a point in the most southwesterly line of Lot 12,said Block 1, said point being 60 feet southeasterly of the most westerly corner thereof; thence northerly to a point on the south line of Lot 93, said Block 1, said point being 35 feet east of the southwest corner thereof; thence north to a point on the south line of Lot 14, said Block 1, said point being 35 feet east of the southwest comer thereof; thence northeasterly to a point in the east line of said Lot 14, said ” point being 65 feet northerly of the southeast corner thereof; thence southeasterly to a point in the north line of Lot 2, said hock 1, said point being L10 feet west of the sputheast corner thereof; thence southeasterly to a point on the north line of Lot 3, said Block 1, said point being 50 feet west of the northeast corner thereof; thence southerly to the point of beginning, .I . Florence Hallberg Village Clerk Motion €or adoption of the resolution there were five ayes and no nays and ATTEST: d!?* !j&& CI Village Clerk 5/2/66 FABRI-TEK PROPERTY ZONING ORDINANCE NO. 261-104 AMENDED. lslr. Hite stated that Fabri-Tek, Inc. had requested that Ordinance No. 261-104 be amended to reflect the change in legal description of the property from metes and bounds to R.L.S. description .' Trustee VanValkehburg then offered the following resolution and moved its adoption: ORDINANCE NO. 261-129 AN ORDINANCE AMENDING ORDINANCE NO.' 261 (ZONING ORDINANCE') OF THE VILLAGE OF EDINA ESTABLISHING AN ADDITIONAL PLANNED INDUSTRIAL DISTRICT Paragraph 2, "Boundaries of Planned Industrial District'' of Section 10 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. (Planned Industrial District) of Ordinance 261 of revised ordinances of the Village of Edina, as amended, is hereby further amended hy adding after sub-paragraph (k) of said paragraph 2, the following subparagraph; I "(1) Section 2. This ordinance shall be in full force and effect from and after its Tract A of Registered Land Survey 1145.'' passage and publication according to law. Motion for adoption of the resolution was second there were five ayes and no nays and the reso ATTEST : rustee Johnson and on rollcall 22 .i/ Village Clerk JOHNSON BROTHERS CONSTRUCTION COMPANY REQUEST MINING AND EXCAVATION PERMIT. of Publication in the Edina-Morningside Courier on April 28, 1966, and of Posting on April 25, 1966, which affidavits were approved as to form and ordered placed on file. Pursuant to due notice given, public hearing was conducted on request.of Johnson Brothers Construction Company to mine gravel in the area immediately to the north of the Crosstown Highway and to the west of Gleason Road. used for the Crosstown Highway for which Johnson Brothers are the contractors. explained the general topography of the area, explaining that the intention of Johnson Brothers is to cut down a knoll and fill in low spots so as to leave desirable building sites for residential development. Garrison own adjacent tracts of land and that this property should also be considered in the over-all plan. Company, explained that in order to prozit financially on the Crosstown Highway work, it will be necessary to sell this land after it has been graded for residential construction. He €urther stated that it 5s hoped that Mr. get together with Johnson Brothers Construction Company in an over-all development of the three parcels, approached him with any plans. He stated that because residents on Walnut Drive had complained about the noise when he had a mining permit, his permit was rescinded and he has been forced to leave his land in an unusable condition, that if this pwmit is granted to Johnson Brothers Construktion CO., he should also be granted a permit and the entire hi11 established as an excavation district. stated that if the proposed mining permit is granted, his laqd will be even more difficult to develop than it is presently, to him that this development is compatible with surrounding Land uses, it is unfair to delay decision on the project. the Johnson Brothers Constructeon Company took the job first and is now trying to rush the Village into making a commitment before it has an opportunity to investigate the matter fully. Johnson Brothers Construction Company and Mr. Krahl have an opportunity to get together to work out an over-al1,plan of development. question as to how close houses are to the area, Mr. Hyde stated that Post Lane is The closest and that residents on Post Lane have already signed an agreement granting permission for Johnson Brothers Construction Company to work on a twenty-four hour per day schedule, Reading as follows, providing that before Second Reading the necessary bonds be posted, that Post Lane residents approve, and that Johnson Brothers Construction Company and Mr. Krahl attempt to tie development plans together: Affidavit The material mined is to be blr. Hite He explained that Mr. Karl KrahL and brr. Alan I*. Charles Geer, representing Johnson Brothers Construction Krahl and Mr. Garrison will - ldr, Krahl stated that Johnson Brothers Construction Company had never 14r. Krahl further stated He further Mr. Geer stated that inasmuch as Mr. Hite has indicated Mr. Hyde stated that he resented very much the fact that He suggested that the hearing be continued for two weeks in order that In reply to Trustee VanValkenburg's Trustee VanValkenburg then presented Ordinance No. 262-A-5 for First ORDINANCE NO. 262A-5 AN ORDINANCE AMENDING ORDINANCE 2628, REGULATING AND EXTRACTION PURPOSES, BY ADDING AN ADDITIONAL THE USE OF LAND IN THE VILLAGE FOR MINING, STRIPPING TEMPORARY EXCAVATION DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 3 (a) (Excavation Districts Created) of Ordinance No. 2626, "An hdinance Regulating the Use of Land in the Village for [.lining, Stripping and . Extraction Purposes,1r as amended, is hereby further amended by adding at the dnd of said section the following: 5/2/66 103 I "Area No. 8. That part of the Northeast 1/4 of the Northwest! l/4 and the Northwest 1/4 of the Northeast 1/4 of Section 6, Township 116, Range.21, described as follows: the Northwest 1/4 distant 814.5 feet North of the Southwest comer thereof; thence running East and a deflection angle to the right of 92O20' a distance of 676.3 feet; thence North parallel with the West line of said Northeast 1/4 of the Northwest l/4 a distance of 366 feet.to a point which is 283.9 feet South of the North line of said Section 6; the actual point of beginning of the tract to be described; thence running East on a deflection angle to the right of 92O20' a distance of 1317.5 feet more or less to the center line of the Town Road, also known as GLeason Road as now laid out and travelled; thence Northeast- erly along said center line a distance of 384.7 feet more or less to its intersection with the North line of said Section 6; thence Nest along said North line a distance of 1426.3 feet more or ;less to a point which is distant 678.6 feet East of the Northttest corner of the Northeast 1/4 of the Northwest 1/4; thence South parallel with the West line of said Northeast 1/4 of the Northwest 1/4 283.9 feet to the point of beginning. following described line: Township 116, Range 21; thence North 00 degrees 09 minutes 27 seconds East along the East line of said Section 6 a distance of 1807.59 feet; thence North 78 degrees 48 minutes 33 seconds West a distance of 1070.37 feet; thence North 8l degrees 13 minutes 33 seconds West a distance of 1031.19 feet; thence North 12 degrees 36 minutes 50 seconds East a distance of 490.0 feet; thence South 77 degrees 23 minutes 10 seconds East a distance of 100.0 feet to the actual point of beginning of the line to be described; thence North 77 degrees 23 minutes LO seconds West a distance of 180.30 feet; thence along a tangential curve to the Left with a radius of 687.96 feet (delta angle 30 degrees 18 minutes 23 seconds, tangent distance 186.31 feet) a distance of 363.89 feet; thence South 72 degrees 18 minutes 27 seconds West aiong tangent to last described cume a distance of 145.43 feet; thence along a tangential curve to the right with a radius of 839.93 feet (delta angle 22 degrees 43 minutes, tangent distance 168.72 feet) a distance of 333.02 feet; thence North 84 degrees 10 minutes 27 seconds West a distance of 600.0 feet and there terminating. Said last described course is not tangent to last described curve ; subject to easements, covenants and restrict ions of record, if any. Beginning on a point in the West line of sasd hortheast l/4 of Which lies Northerly of the Beginning at the East 1/4 corner of Section 6, Section 2. This Ordinance shall be in full force and effect upon its passage and publication according to law, JOHNSON BROTHERS GRANTED 24 HOURS PER DAY ON CROSSTOWN HIGHWAY, In order that the Crosstown Highway can be finished as quickly as possible, Trustee Tupa's motion to allow Johnson Brothers Concstruction Company to work twenty-four hours per day on highway construction was ,seconded by Trustee VanValkenburg and unanimousLy carried. CONTRACTS. AWARDED FOR VARSIIS STREET IMPROVEMENTS . Affidavit of Publication in the Edina-Morningside Courier on April 7 and in the Construction Bulletin on ApriJ. 7 and 14 and 21, 3.966, was presented by Clerk, which af€idavit was approved as to form and ordered placed on file. For Proposal A which includes Street Improvement Numbers BA-78, BA-79, A-164 and C-92, Bury E Carlson, Inc., was low bidder at $253,042.95, Northwest Bituminous Cob, Inc., was second low at $268,259.00, Black Top Service Co. was third low at $282,228.90 and Alexander Construction Co., was high at $322,096.25. Engineer's estimate was given at $324,427.75. Numbers BA-80, BA-81, BA-82 and BA-95, Bury E Carlson was LOW at $145,270.10, Northwest Bituminous Co. , Inc., was second low at $150,513r00 low at $158,925.50 and Alexander Construction Co., Inca) was high at $180,621.50. Engineer's estimate was presented at $191,317.35. Street Improvements E-20, E-22 and E-23, McCree E Company was low'bidder at $181,562.00, Barton Contracting Company was second low at $182,923.50, Woodrich Construction Co. was thipd low at $186,786.50 and Victor Carlson G Sons, Inc. was high at $189,988.50. Engineerls estimate was presented at $207,001.00. contract to recommended Low bidder in all cases was seconded by Trustee Tupa and unanimously carried. BA-83, BA-84, BA-85 9 BA-86, BA-87, BA-88, BA-89 BA-90, BA-91, EA-92, BA-93 BA-96 9 A-163, For Proposal B which includes Street Improvement Riegger Roadways, IiIC. , was third For Proposal C which included Trustee MacMillan's motion awarding NATIONAL,LEAGUE-OF CITIES TO BE JOINED BY EDINA, a request for Edina to become a direct member of the National League of Cities. Mr. Hyde stated that he has received Membership until January 1, 1968 is $150 which is the regular annual dues. motion that Edina join the National League of Cities as recommended by Mr, Hyde was seconded by Trustee Tupa and unanimously carried. Trustee VanValkenburg's - 5/2/66 .. ',,,' VARIOUS PETITIONS, ACCEPTED BY COUNCIL. reviewed and referred to Engineering Department for programming by motion of Tcustee VanValkenburg, seconded by Trustee Johnson and unanimously carried: Permanent Street Surfacing, Concrete Curb E Gutter - Parnell Ave. and Virginia Ave. and Virginia Ave. from W. 64th St.*to Crosstown Highway; \I. 64th St. from Virginia Ave. to Ryan Ave. Oiling - Pine Grove Road between Blake Road and Nest Highwood Drive Tingdale Ave. between W. 63rd Str and N. 64th Street West Trai1.between County Road 18 and Sally Lane The following petitions were presented by Clerk, 1, 2. Permanent Street Surfacing - Parnell Ave. from W. 64th Street to 65th Street 3. DEED FSTRICTION RELEASE CONSIDERED FOR LOT 1, BLOCK 1, LAKE EDINA 111, that a request has been made to release the deed restriction €or Lot 1, Block 1, Lake Edina 3rd Addition, which provides that no basement shall be constructed belott a level of. 826 feet, 1929 Sea Level Datum, Hr. 14ichael J, Bolen, attorney for the petitioners, Wilfred 1. Anderson and Mr. and Mrs. Richard R. Johnstone, who stated that the property'at 4928 Poppy Lane.. was built six inches below the permitted level, necessary that the deed restriction be removed. following Resolution and' moved its adoption: RESOLUTION WHEREAS: entitled "Declaration of Conditions and Restrictions," granted by Estow Corporation to the Public, and running with the land until January 1, 1989, by Paragraph No. 7, subjects the premises to the following condition and restriction, tocwit: The developer specifically imposes upon and subjects all the Mr. Hyde stated Mr, Nhitlock stated that he has spoken with In-order to clear the title for this property, it is Trustee VanValkenburg then offered the Document No. 715717, files of Registrar of Titles, Hennepin County, 14innesota, 'l7: lots in said Block 1 of.said Addition to the condition and restriction for the benefit of the Village of Edina, that no basement shall be constructed or permitted to be constructed upon said property on which any part of the basement floor shall be at a level below 826*feet, 1929 Sea Level Datum." The basement floor of the split level type house presently constructed on * and WHEREAS: Lot I, Block 1, Lake Edina 3rd Addition, is at a level of 825.46, 1929 Sea Level Datum, according to the Certificate of Survey of Arleigh C. Smith, surveyor, dated July 19, 1965 and revised under date of April 21, 1966; and VHEREAS: the present top of dam elevation of 822 feet of Lake Edina (also known as Outlot 2, Lake Edina Second Addition) that the "100 year storm intensity level" of said lake is at an elevation of 825 feet, 1929 Sea Level Datum; and WHEREAS: 3rd Addition, has petitioned the Council, of the Village of Edina for a waiver and release of said condition and restriction and has apeed for himself, his heirs, successors and assigns, to waive any claim he or they have or in the future may have against the Village of Edina by reason of its release of said restriction or its failure to enforce the same. NOW, THEREFORE, BE IT RESOLVED that the Village of Edina hereby authorized and directs its Mayor and Clerk to execute and deliver to Wilfi?ed I. Anderson a release of Lot 1, Block 1, Lake Edina 3rd Addition from the condition and restriction contained in Paragraph No. 7,'Doc. No, 715717, files of the Registrar of Titles, HennePin County, Minnesota, for fts benefit, upon the condition that said Wilfred I. Anderson, €or himself, his heirs and assigns, waives any claim he to? they now or in the future may have against the Village of Edina by reahon of its'release of said restriction or its failure to enforce the same, said release to p~ovide that the recording thereof'shall be conclusive evidence of the acceptance of said conditioxl by Wilfred I. Anderson for himself, his heirs and assigns, Motion for'adoption was seconded by Mr. 'MacMillan Resolution was adopted. ATTEST : . I The Village of Edina, through its engineers, have determined on the basis of Wilfred 1, Anderson, registered fee owner of said Lot 1, Block 1, Lake Edina - nd n rollcall a11 voted aye and the &&,U. I.iayol? NO *. -103 ASSESSMENT. POLICY GUTDELXNES -FORCSTORM- SEVER IkPROVENENT have not been developed. I L. MI?, Hhitlock informed CounciL that Mr. Harriman had pot been in touch with him as arranged at the meeting of Nay 2. SIGNAL IIAINTEUNCE AGREEliIENT REQUESTED FOR SIGNALS AT HIGHWAY 100 AND \I; 76TH STREET. Nr. Hite stated that in the past, the State Highway Department has replaced bulbs at cert6in signal installations, A newly revised contract states 'that the Village is to take care of this matter. Because the Village does not have the equipment with which to do this work, Mr. Hite requested authority to ask that a new agreement be drawn in which the StateHighway Department would replace the bulbs on a cost basis. Johnson then offered the following resolution and moved its adoption: Trustee a 5/2/66 RESOLUTION REQUESTING REVISED SIGNAL MAINTENANCE AGREEMENT BE IT RESOLVED that the Village Council of the Village of Edina requests that the Minnesota Highway Department prepare for the Village's consideratian-a revised Traffic Signal Maintenance Agreement for all signals on Trunk Highways in the Village of Edina, said agreement to provide for full mgntenance by the State with a portion of the costs to be paid by the Village, Motion for adoption of the resolution was there were five ayes and no nays,and the Trustee MacMillan and on rollcall TRAFF,IC S1GNAL.S AT HIGHWAY LOO AND W. 77TH STREET TO BE REQUESTED IN" TO COMMISSIONER OF HIGHWAYS., Department now has from'200 to 250 employees which use the intersection at Highway LOO at W, 77th Street, Commissioner of Highways so that the signals might be installed sooner, Trustee Johnson Mr, Hite informed Council that General Motors Parts In an attempt to bring the urgency of the situation to the offered the' following resolution and moved its adoption: .. RESOLUTION REQUESTING INSTALLATION OF TRAFFIC SIGNALS AT TeH, LOO AT W, 77TH STREET WHEREAS, the Village of Edina Council at its meeting of January 3, 1966, did adopt a Resolution requesting the Minnesota Highway Department Division 5 Office to install a traffic signal at T.H, LOO and W, 77th Street, and WHEREAS, traffic conditions at that particular intersection are considered extremely hazardous , NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina, that a11 possible steps be taken by the Minnesota Highway Department to insure that immediate action be taken for the installation of traffic signals to alleviate the dangerous situation which exists at -this intersection, Motion for adoption of the resolution was seconded there were five ayes and no nays and the resolu &s adoptedr ,q Trustee MacMillan and on rollcall ATTEST : Village Clerk TRACT A,.REGJSTERED LAND SURVEY NO, 246, DECLARATION OF NON-DIVISION.-OF PROPERTY READY FOR EXEC-UTION. Mr, Whitlock informed Council that .Mr*- James _W, Tholen has signed a =tion of Non-Division of Property for Tract A, R,L.S, No. 246, and that he will file this document with the Registrar of Titles, SOUTHDALE LIQUOR STORE CARPETING AND REGRIGERATOR DOORS APPROVED, Council that the tile is wearing out at the Southdale Liquor Store and that new doors are also needed for the cooler, because of the interior location of the store, and also stated that the particular product he would recommend is .guaranteed.:~orI?.iieiz'Jyearsf 8 Trustee Johnson's motion €or authority to spend $1,062*00 for carpeting was seconded by Tpustee MacMillan and unanimousLy carriedr Mr, Hyde informed Mr, Hyde suggested carpeting €or the floor covering PEDERSON DAIRY NON4ONFORMING USE AGREEMENT TO BE DEVELOPED, Council that in 1958 MI?. ALbert E, Pederson, 707 Washington Ave,, signed a deed restriction which stated that Pederson Dairy could sell only those products which were the result of milk pasteurizing and processing carried on in their plant. they have now gQne out of the actual production of milk and are buying these products from a wholesaler and reselling them in their milk store, Mr, Jack Daly, attorney for the Pedersons, stated that if it is necessary, the Pedersons would again produce milk on these premises, but that they would prefer to continue to buy their products Erom the wholesaler. He also added that there is no desire on the part of the Pedersons to enlarge their operation and that they have no objection to a limitation being placed on the products sold, for forty-six years and that they have no intention of requesting that the property be rezoned at this time, Mr, Hyde suggested that Mu, Whitlock check the deed restriction and work out an agreement so that the non-confprming use cannot be-peqetuated beyond the Pederson's lifetime. Mayor Bredesen stated that it should be made clear that this Council would be opposed to any later request by the Pedersons' chil&en to take over this location as a dairy storer Attorney Whitlock to work out an agreement between the Village and the Pedersons, as recommended by Mr, Hyde, was seconded by Trustee MacMillan and carr&ed, Mr. Hyde recalled to He stated that Mr, Daly stated that the Pedersons have been in business at this Location Trustee Johnson's motion that the matter be referred to .. . BOARD OF,,REVIEW DATE SET €or July 14, 1966, at 5:OO P.M1 at the Edina Vil&age Hall by motion of Trustee 'Tupa, seconded by Trustee Johnson anduunanimously carried, 5/2/66 2 COUNTRY CLUB.,CURB AND GUTTER REPLACEtrlENT HEARING TO BE HELD, attention to the disreputable condition of curb and gutter in the Country Club District, Mr, Hyde called Council's particularly on Wooddale considerable discussion relative to the method of assessment, Trustee Johnson's motion that costs be fully assessed and that public hearing be conducted as soon as possible was seconded by Trustee Tupa and unanimously cmried, and Browndale Avenues, Edina Blvd, and Sunnyside Road, After JOINT COUNCIL-PARK BOARD, 15EETING DATE for discussion of Federal Aid programs was tentatively set for May 11 at 5:OO P.M. J , A,. DANENS &. SON, INC., AND GABBERT'S FURNITURE AGREEMENTS PRESENTED. letters GJ. A. Danens & Son, Inc., and Gabbert's Furniture relative to restrictions as to use of trucks on residential streets in the area and other conditions as set forth in first reading of Ordinance No, 261-127 and relative to Ordinance 261-107, Trustee VanValkenburg's motion that the letters accepting conditions set forth by the Village be accepted and placed on file was seconded by.Trustee Tupa and unanimously carried, Nr, Hyde read METROPOLITAN TRANSIT COMMISSION TO BE JOINED BY EDINA. Mr. GlexC. Olson, Chairman of the Nass Transit Committee, requesting that Edina participate in the Netropolitan Transit Commission to initiate an adequate transit system for the metropolitan area, resolution and moved its adoption: Mr, Hyde presented a letter from. Trustee VanValkefiburg then offered the following I RESOLUTION APPROVING PARTICIPATION IN THE METROPOLITAN TUNS IT COMMISSION WHEREAS, there is no present organization which can deal effectively with the mass transit problems of the seven county metropolitan area, and WHEREAS, other municipalities have indicated an interest in establishing a temporary transit authority to serve,until statu$ory,prpyisions can be made, and 'NHEREAS, the participation of a majority of municipalities in the Twin Cities area is desirable for the organization of a temporary transit authority under the provisions of the Joint Powers Act; NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina that the Village officers be authorized to execute the Joint and Cooperative Agreement as amended, and that the Village of Edina participate in the Metropolitan Transit Commission. r Motion for adoption of the resolution was were five ayes and no nays and the on rollcall there ATTEST : ENGINEERING AND TECHNICAL SERVICES REQUESTED FROM MINNESOTA DEPARTMENT OF HIGHWAYS e At the request of.l*Ir. Hite for approval €or engineering and technical services from the Minnesota Department of Highways, Trusteg MacIdillan offered the following resolution and moved its adoption: 1 RESOLU$ION REQUESTING ENGINEERING AND TECHNICAL SERVICES BE IT RESOLVED, That pursuant to statut9ry authority, the Village Engineer €or and on behalf of the Village of Edina, Minnesota, is hereby authorized to request and obtain from the Minnesota Department of High+ays, needed engineering and technical services during the year of 1966; for which payment will be made,by the Village of Edina upon receipt of verified claims from the Commissioner of Highways, Motion for adoption of the resolution was there were five ayes and no nays and the Tmstee Johnson and on rollcall s adopted, Mayor ATTEST: 2Ld. gz/uAa@ Ll 1 Village Clerk " - MR, LARRY HOSOW who had requested consideration for a building permit in the proposed Mud Lake Area was not present. This matter was not discussed. GENEM.T-OR TO BE PURCHASED FOR CIVIL DEFENSE. has requested authority to purchase a generator for $L,154.00 to be used in the event that power goes out at the Village Hall. 1966 Budget. Notion for approval of purchase of the generator was of€ered by Trustee 14acMillan, seconded by Trustee Tupa and unanimously carried, MP, Hyde stated that the Fire Department Money for the generator is included in the .. I 1 t 5/2/66 FUND as of February 28, 1966, was submitted by Mr. DaEen, reviewed and ordered placed on file by Motion of Trustee Johnson, seconded by Trustee VanValkenburg and unanimously carried, CLAIMS PAJD. Trustee MacMillan's motion for payment of the following claims as per be-List dated May 2, 1966, was seconded by Trustee Tupa and carried: Construction Fund, $688.65; General Fund, $14,722.05; Park, Park Construction, Swim Pool, Recreation Center and Golf Course, $11,422.09; Water Fund, $2,098.52; Liquor Fund, $44,021.19; Sewer Rental Fund, $624.00; Total, $73,576.50. The meeting's agenda having been covered, Trustee Johnson's motion for adjournment was seconded by Trustee Tupa and carried. Adjournment at 10:55 P.M. Village Clerk f U *. 1