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HomeMy WebLinkAbout19660718_regular7/18/66 MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL HELD AT THE EDINA VILLAGE HALL ON MONDAY, JULY 18, 1966 Members answering Rollcall were Trustees Johnson, MacMillan, Tupa and VanValkenburg who acted as Mayor Pro Tem in the absence of Mayor Bredesen. MINUTES of the Regular Meeting of July 5, 1966, were approved as corrected by Trustee Johnson. Trustee Johnson's corrections were as follows: 1. George VanDoren, Jr. request .for? rezoning was approved with the following stipulations: a. b. C. That the words "The Council expressed 'a favorabLe reaction to the Superamerica proposal" be struck from the Minutes as written on page 135 of the Minutes book (Volume 29). Trustee Tupa's motion for approval of the Minutes as corrected was seconded by Trustee MacMillan and unanimously carried. That Engineering Department approve as adequate facilities for handling of sludge, sand and water waste from the car wash, That adequate facilities are provided for stacking 55 or 56 cars. That parking attendant be on duty at a11 times. 2. PUBLIC HEARING CONDUCTED ON P ED STREET IMPROVEMENT IN AFUNDSON TERRACE FROM WEST, 70TH STREET TO CAHILL ROAD2 Affidavits of Publication in the Edina-Morningside Courier on July 7 and 14 and of Mailing to affectdd property owners of July 8, 1966, were presented-by Clerk, approved as to form and ordered placed on file bymotion of Trustee Johnson, seconded by Trustee Tupa and carried. Mr. Hyde presented total estimated cost for 8" thick Portland Cement Concrete Paving and Concrete Curb and Gutter at $49,842.89 which is proposed to be assessed against an estimated 1,914.92 assessable feet at $26.03 estimated cost per assessable foot, Mr. Paul Schmidt, Owner of the building which is occupied by Northwestern Bell Telephone Company, stated that asphalt street surfacing should be adequate for this street and also protested the fact that access has been eliminated from W, 70th St. to his property. He requested that part of the funds for this project come either from General Funds or from State Aid Funds. pavement, is proposed to be 36 feet wide and was being recommended because of the commercial and industrial traffic which will be using the street, proposed to let this contract with other streets in the area which will be paved with the same material. Mr. Hite stated that because the road needed to be of the width and strength proposed to carry the commercial traffic, he would not recommend use of State Aid funds. Mr. V. B. Edwards, representing Pure Oil Company, stated that he would endorse Mr. Schmidt's remarks. Mr, Raymond Frederick, District Plant Manager of Northwestern Bell Telephone Company, expressed his concern over the loss of parking area because of the necessary cribbing caused by the fact that the street is higher than buildings in the area. cribbing has not as yet been determined, no loss of property will be incurred. Mr. Hyde recalled to Council that when the property owned by Mr. Schmidt was granted a rezoning, promises were made which have not been fulfilled. have been many complaints made by neighbors relative to the manner in which the property is maintained. The original proposal contemplated storage of vehicles only and for bringing the property up to grade in order to eliminate the swamp to the southeast. Mr. Schmidt stated that this swamp is stagnant and asked if something could be done to alleviate this condition. would check the condition of the swamp, but that it is privately owned and unless unsanitary conditions exist no action can be taken by the Village, that alternate bids be taken for both asphalt and concrete street surfacing and assured the gentlemen present that they would be notified before the bids would be awarded.' Trustee Johnson then offered the following resolution and moved its adoption: RESOLUTION ORDERING Mr, Hite stated that this would be a nine ton strength He said 9t is-:. Mr. Hite stated that while the method of He stated that there Mr. Hyde stated that the Health Department Mr. Hite suggested STREET IMPROVEMENT NO a E-24 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 for the following proposed improvement: AND GUTTER IN Amundson Terrace from West 70th Street to Cahill Road, and at the hearing held at the time and place specified in said notice the Council has duly considered-the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvement including all proceedings which may be necessary in eminent domain for the acquisition of said improvement is hereby designated and shall be referred to in a11 subsequent proceedings as STREET IMPROVEMENT NO. E-24 and the area to be specially assessed therefore shall include Lot 2, Block 1, and Lot I, Block 2, Amundson's Terrace, Parcels #2000 and #2900 in Section 8,. Township 116, Range 21. CONSTRUCTION OF PERMANENT STREET SURFACING AND PORTLAND CEMENT CONCRETE (B-6) CURB 7/18/66 Notion for adoption of the resolution was seconded by Trustee M%Millan and on rollcall there were four ayes and no nays and the resol BA-97 AWARD OF-BIDS CONTINUED. Street Improvement No. BA-97 to Council Meeting of August 1, in view of'the $act Mr. Hiteyrequested continuation of award of bid for that all property owners had not responded as yet to the letter which had been sent out relative to the high bids which had been received.. CONTRACT AWARDED-FOR STREET, IMPROVEMENTS BA-98 AND BA-99. in the Edina-Morningside Courier on June 30 and in the Construction Bulletin on June 30 and July 7, 1966, were presented by Clerk, approved as to form and ordered placed on file, 'Mr. Hyde presented a tabulation of four bids which showed Bury and Carlson and Son, Inc., low bidder at $12,086.50, Black Top Service Company second low bidder at $14,272.00 , Northern Contracting Company third low bidder at $14,758 75 and Victor Carlson and Sons, Inc,, hlgh bidder at $15,137.50. ' Engineers' estimate wag. given at $13,785.50. bidder, Bury E Carlson, Lnc., was seconded by Trustee Tupa and unanimously carried. HIGHWAY 100 AT W. 77TH ST-=ET SIGNALS,TO BE INSTALLED IN SPRING OF 1967, stated that Commissioner Jamieson of the State Highway Department had advised him that signalization and channelization at the intersection of Highway 100 at W. 77th Street, as requested by Council, will be done in the spring of 1967. I Affidavits of Publication Trustee MacMillan's motion for award of bid to recommended low Mr. Hyde t EDEN PRAIRIE f4EETING.TO BE HELD. Mr. Hyde advised Council that Edina of€icials and meeting with Eden Prairie officials to be held on July 21, 1966, forthe purpose of discussing mutual problems. of the Council, Planning Commission and Park Board have been invited to a OIL,ING.PETITlON. Avenue was presented and ordered referred to the Public Works Department for processing by motion of Trustee Tupa, seconded by Trustee Johnson and unanimously carried. A petition for oiling W. 56th Street between Bernard Place and Dale JAIES 11. jBSMUND COMPLAINT ON 0VE;RHEAD NIRING CONTINUED. from James W, Wasmund, 5828 Dewey Hill Road, who protested the fact that additional Mr, Hyde presented a letter electric poles are to be located on his property* Mr. Wasmund stated that properties to the west of his are to be serviced by underground wiring an&that he had been under the impression when he purchased his home that his property would also be serviced by underground wires. Northern States Power Company has advised Mr, Masmund that although it would have cost only $50.00 to.instal1 underground service originally to the Wasmund property, it will now cost $565.00 to install underground service. Mr. Stanley Traczyk of Northern States Power Company stated that developers are usually agreeable to installation of underground service, but that the contractors often do not want to spend the additional money involved. the charge per lot for underground distribution and does not include the cost of running wires to the house from the pedestal, matter be continued until the Village Attorney has an opportunity to determine if underground electric service could be made a condition of plat approval, as suggested by Mr. Hite, was seconded by Trustee :'~~h&'~n; and unanimously carried. * He sfated that $50.00 is Trustee liIactiillan's motion that the CONNOR SCHMJD -REQU-EST FOR BARRICADE ON FRANCE AVENUE DENIED BY MINNESOTA HIGHWAY DEPARTMENT. Mr. Hite advised Council that the State Highway Department has denied as unjustified the.r.equest submitted by the Village of Edina to the State Highway Department for erection of a guard rail to be installed along France Ave. between GI. 46th and W. 48th Street. to Nr. Connor Schmid, 4711 Meadow Road, who had requested that this guard rail be installed. Mr, Hyde will send a copy of the letter from the State Highway Department RAYNOND FISHER REZONING,FOR STOW'S EDGEMOOR ADDITION DENIED. of Mr.rmond Fisher to rezone Block 7, Stow's Edgemoor Addition from R-l to R-4 in order that a 32-unit apartment building could be constructed. this property which is located between Bristol Blvd. and Lynmar Lane north of 8. 72nd Street was the subject of considerable discussion when the property was subdivided in 1957 and that the zoning pattern approved at th&t time had been relied upon by people who had built homes in the area. as recommended by Planning Commission was seconded by Trustee MacMillan and unanimously carried, MI?. Hite presented request Nr, Hite stated that Trustee Tupa's motion to deny the requested rezoning , 7/18/66 WALLACE-KENNETH HEARING DATE SET FOR Ry4 ZONING. kezoning of property from R-l to R-4. set as Hearing Date for rezoning of the property north of T.H. 169.between Edina Highlands and the Interlachen Court Apartments by motion of Trustee MacMillan, seconded by Trustee Johnson and carried. Petition of Mr. Wallace Kenneth for Upon recommendation of Mr. Hite, August 15 was DONALD MCBEATH..VQUEST FOR LOT DIVISION APPROVED. Mr. Eonald McBeath 5or division of Lot 31, Warden Acres into two lots, each 72.73 feet by 299.00 feet. Commission was seconded by Trustee MacMillan and unanimously carried, Mr. Hite presented request of Trustee Tupa's motion for approval as recommended by Planning R. E,." DRAEGER. REQUEST FOR LOT DIVISION. DENIED. Mr. R. E.-Draeger for permission to divide Lot 12, Brookside Terrace into two lots. The lot to the rear is proposed to be 75' by 94l and the lot on Brookside Ave. to be 81' by 111'. Because it was felt that 94l would provide too shallow a lot, Trustee MacMillan's motion for denlal of the 1ot.division as recommended by Planning Commission was seconded by Trustee Johnson and unanimously carried. Mr. Hite presented request of COUNTRYSIDE ADDITION-ZUEHLKE REPLAT GRANTED FINAL PLAT APPROVAL. Countryside Addition-Zuehze Replat for final plat .approval. lot plat is recommended by Planning Commission with the understanding that no building permit be issued for Lot 2 until sewer and water are available. offered the following resolution and moved its adoption: RESOLUTION APPROVING COUNTRYSIDE Mr, Hite presented Approval of this three Trustee MacMillan then ADDITION - ZUEHLKE REPLAT . BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Countryside Addition, Zuehlke Replat", platted by Robert B. Zuehlke and presented at the meeting of the Village of Edina Council of July 18, 1966, be and is hereby approved. Motion for adoption of the resolution was were four ayes and no nays and the resolut preliminary plat-approval had been met. resolution and moved its adoption: RESOLUTION APPROVING IROQUOIS HILLS 4TH ADDITION BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Iroquois Hills 4th Addition, presented at the meeting of the Village of Edina Council of July 18, 1966, be and is hereby approved. Trustee Tupa then offered the following platted by Frank Cardarelle and on rollcall for the Business Incentives plant in the Edina Interchange Center, both of which have been approved by the Planning Commission* HOPKINS SANITARY SEWER AGREEMENT CONTINUED. for the City of Hopkins was working on the phraseology for the Edina-Hopkins sanitary.. ..I No action was taken. Mr. Hyde advised Council that the attorney sewer agreement and that a definite agreement should be forthcoming at an early date. MALIBU DRIVE STREET NAME CHANGE HEARING DATE SET, Mr. Hyde presented petition of Mr. G. A. Holmes, 5700 Malibu Drive, requesting that "Malibu Drive" be changed to DeVille Drive." seconded by Trustee Johnson and unanimously carried. Trustee Tupa's motion setting hearing date for August 1, 1966, was BOARD OF REVIEW REPORT PRESENTED. Mr. Hyde reported that no persons had appeared at the Board of Review Meeting which had been held on July 14. Mr. B. E. Christensen who was unable to attend the meeting and Mr. Kearns will meet with him within the next two weeks in an attempt to reach an understanding as to the valuation of the property which is located at 7000 Sandell Avenue. showing total assessed valuation for the Village as $42,127,404.00. One letter had been received from Mr* Hyde presented tabulation 7/18/ 6 6 .4 EDEN PRAIRIE SANITARY SEWER TO BE CONSIDERED AFTER MEETING WITH OFFICIALS. Mi. Hyde stated that Eden Prairie has been interested for some time in negotiating a sanitary sewer agreement with Edina for the area at County Road 18 and Highway 169. His recommendation that the matter be continued until after the meeting of EdSna and Eden Prairie officials on July 21 was approved by Council. ASSESSMENT HEARINGS,TO BE HELD AUGUST L5, Trustee Johnson's motion to set hearing date of August 15. for special assessment Upon the recommendation.pf Mr. Hyde, hearings was seconded by Trustee MacMillan and unanimously carried. ORDINANCE NOS. 324-1 AND,&B TO BE CONTINUED. Mr. Hyde stated that Ordinance No. 124-1 had been held &er at the request of Trustee Johnson. that he has made a recommendation to the Mapor for a review of the manner in which ordinances are adopted by Council and stated that he considers the two ordinances before Council at the present time to be ambiguous, highly technical and not pertinent. Mr, Johnson suggested that Council establish a sub-committee which vould be better informed as to the aspects of the ordinances and which would provide improvement in clarity, brevity and draftsmanship. Ordinance Nos. 124-L and6.mbe continued. Motion was seconded by Trustee MacMillan and unanimously carried. Trustee Johnson then staked * Trustee Johnson then moved that reading of ORDINANCE )iO..34-INTERPRETATION. Mr. Hyde advised Council of a case of a pet crow which has become a nuisance to neighbors. whether the crow should be covered under Ordinance No. 34, which requires that all "fowl1' be kept in a metal cage, was that the crow appears to be a private nuisance for which the neighbor, rather than the Village, should take the burden of seeking redress. No action was taken. Village Attorney Whitlock's opinion as to BIDS TO BE TA-KEN FOR VARIOUS IMPROVEMENTS. MacMillan offered the following resolution and moved its adoption: At the request of Mr. Hite, Trustee RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED IMPROVEMENTS AND DIRECTING ADVERTISENENT FOR BIDS FOR SANITARY SEWER NO. 250, WATERMAIN NO. 209. AND STOH! SEWERS 100 AND 107 BE IT RESOLVED by the Village Council, Village of Edina, Minnesota, 1. The plans and specifications for the proposed improvement set €orth in the following Advertisement for Bids form, hereto€ore prepared by the Village Engineer and now on file in the office of the Village Clerk are hereby approved. Construction Bulletin the following notice for bids for improvements: 2. The Clerk shall cause to be published in the Edina-Morningside Courier and - ADVERTISEMENT FOR BIDS SANITARY SEWER, HATERMAIN AND STORM- SEWER SEALED BIDS will be received and opened in the Council Chambers in the Edina Village Hall, 4801 W. 50th St., at 11:OO A.14,, Friday, August 12, 1966, and the Edina Village Council will meet at 7:OO P.N., on Monday, August 15, 3966, to consider said bids for the construction of Sanitary Sewer, Natemain, and Storm Sewer. approximate quantities of major items: The following are SBnitary sewer,. watermain, storm sewer and appurtenances 1620 L/F 12" V.C.P. 2721 L/F 8" Ductile Iron Pipe 3 Standard Fire Hydrants 1681 L/F C.M.P, 2 Contpol Structures Work must be done as described in plans and specifications on file in the office of the Village Clerk. (by check), which deposit.wil1 be refunded upon return of said plans and specifications. No Bids will be considered unless sealed and accompanied by cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten (10) percent of amount of base bid. BY ORDER OF THE EDINA VILLAGE COUNCIL. Plans and specifications are available €or a deposit of $10.00 The Council reserves the right to reject any or all. bids. Florence Hallberg Village Clerk Motion for there were ATTEST : I. adoption of the resolution was seconded by Trustee Tupa and on rollcall 7/18/66 < ANNUAL AUDIT REPORT DISCUSSED* for 1965. published as required by law was answered by Mr. Hyde who stated that some time ago Council determined that publication was not economically feasible. Mr. Dalen then, answered Mr. Johnson's question relative to insufficient security in the First Edina National Bank by stating that the tax settlement from Hennepin County is normally received the last day of the month and it is difficult to require the bank to maintain a high collateral balance to take care of these isolated cases, and that the situation exists only for a few days. Council was presented with the Annual Audit Report Trustee Johnson's question relative to the fact that the report is not GOLF COURSE FUND STATEMENT OF ZNCOME AND EXPENSE, AS OF JUNE 30, 1966, was presented, reviewed and ordered placed on file by motion of Trustee WacMillan, seconded by Trustee Tupa and carried. CLAIMS PAID. mist dated JULY 18, 1966, was seconded by Trustee MacMillan and carried: Construction Fund, $143,890.26; Park, Park Constmction, Swim Pool, Golf Course and 'Arena, $25,430.12; Water Fund, $6,310.14; Liquor Fund, $77,292.45; Sewer Rental Fund, $171.15; Total, $290,928.71. Trustee Tupa's motion for payment of the following Claims as per The meeting's agenda having been covered, Trustee Johnson's motion for adjournment was seconded by Trustee Tupa and carriedr Adjournment at 8:lO P.M. ih, 23 1.