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HomeMy WebLinkAbout19661107_regular239 11/7/66 MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL HELD AT THE VILLAGE HALL `bN MONDAY ;'kVEMBER 7, 1966, AT 7 O'CLOCK P _.M. Members answering Rollcall were Trustees Johnson, MacMillan, Tupa, VanValkenburg and Mayor Bredesen. MINUTES of Regular Meetings df October 3 and 17 and the Special Meeting of October 20, 1966, were approved by motion of Trustee VanValkenburg, seconded by Trustee Johnson and ordered placed on file. ALLAN GARRISON REZONING REQUEST GRANTED FIRST READING. Affidavits of Mailing on October 21, and of Publication on October 20, 1966, were presented by the Clerk, approved as to form and ordered placed on file. Pursuant to due notice given, Public Hearing was conducted on petition of Mr. Allan Garrison for rezoning of property north of Valley View Road between County Road 18 and Edina Village Boundary from R -1 Residential District to Planned Industrial District. This land is bounded on the east by County Road 18 with R -1 and R -2 zoning across the roadway. Land to the south across Valley View Road is zoned R -1 and the land to the west in Eden Prairie is in the process of being zoned industrial. The subject property has been laid out in two acre sites which would have frontage on Old County Road 18 and back to the new Freeway County Road 18. In reply to a question from Trustee VanValkenburg, Mr. 00 Hite stated that all industrial traffic to and from the freeway will be via the Valley View Road interchange with no direct access from Freeway County Road 18. No further questions or comments appearing, Trustee VanValkenburg offered Ordinance No. 261 -140 for First Reading as follows: ORDINANCE N0, 261 -140 AN ORDINANCE AMENDING ORDINANCE NO. 261 (ZONING ORDINANCE) OF THE VILLAGE OF EDINA ESTABLISHING AN ADDITIONAL PLANNED INDUSTRIAL DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 2, "Boundaries of Planned Industrial District" of Section 10 (Planned Industrial District) of Ordinance 261 of revised ordinances of the Village of Edina, as amended, is hereby further amended by adding after subparagraph (m) of said paragraph 2, the following subparagraph: "(n) That part of Lot 10, Auditor's Subdivision No. 196 lying West of New County Road 18 and North of the South 400 feet thereof. Outlot 1, Sioux Trail Addition. That part of the Northwest 1/4 of Section 7, Township 116, Range 21, lying West of New County Road 18 and North of the center line of County Road 39, except road." Section 2. This ordinance shall be in full force and effect from and after its passage and publication according to law. OSCAR ROBERTS PROPERTY GRANTED OFFICE BUILDING ZONING. Mr. Hite presented petition of Mr. Oscar Roberts for Second Reading for zoning change from R -1 to Office Building zoning for property situated on the southwest corner of West 72nd Street and France Avenue, as recommended by Planning Commission, primarily because it conform with land use plans prepared for the area in 1962. No persons were'present to offer objections, whereupon Trustee Johnson offered Ordinance No. 261 -139 for Second Reading and moved its adoption as follows: ' ORDINANCE NO. 261 -139 AN ORDINANCE AMENDING ORDINANCE NO. 261 'BY REZONING PROPERTY FROM-R-1 DISTRICT ' TO OFFICE BUILDING DISTRICT ` THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 1, "Boundaries-of Office Building District," Section 8, "Office Building District," Ordinance No. 261 of revised ordinances of the Village of Edina as amended; is hereby further amended by adding the following subparagraph: "(r) The South 627.5 feet of the North 657.5 feet of the West 300 feet of the East 350 feet of the Southwest 1/4 of the Northeast 1/4 of Section 31, Township 28, Range'24." Section 2. This Ordinance shall be in full force and effect "immediately after its passage and publication according to law. Motion for adoption of the ordinance was'seconde Trustee VanValkenburg and on Rollcall there were five ayes and no nays and e, ordinance was adopted. ATTEST: Mayor illage Clerk 240 f 11/7/66 J. A. DANENS 6 SON PROPERTY GRANTED REZONING TO PLANNED INDUSTRIAL DISTRICT. Mr. Hite presented Ordinance No. 261 -127 for zoning-change from Single Family Dwelling District R -1, R -3 Multiple Residence District and Office Building District to Planned Industrial District for property on Cahill Road which is bounded by Northern States Power property to the east and Northwestern Bell Telephone Company property to the north. Second Reading had been withheld pending platting of the property and the resulting new legal description. Mayor Bredesen expressed disapproval of the appearance of the present Danens building and questioned the fact that it had been built before Second Reading of this Ordinance. Mr. Hite stated that inasmuch as Second Reading had been withheld only pending receipt of the new legal description and plans had been approved by the Planning Commission, it had been felt that a building permit could be issued. Mr. Hite suggested that-the Minutes reflect concern about the appearance of the first building and prompting Mr. Danens to proceed with the second stage of the project. No further comments were heard, whereupon Trustee VanValkenburg offered Ordinance No. 261 -127 for Second Reading and moved its adoption as follows: " ORDINANCE NO. 261 -127 AN ORDINANCE AMENDING ORDINANCE NO. 261 (ZONING ORDINANCE) OF THE VILLAGE OF EDINA " FOR REZONING FROM SINGLE FAMILY DWELLING DISTRICT, R -3 MULTIPLE RESIDENCE DISTRICT AND OFFICE BUILDING DISTRICT TO PLANNED INDUSTRIAL DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 2, "Boundaries of Planned Industrial District," of Section 10, (Planned Industrial District) of Ordinance 261 of revised ordinances of the Village of Edina, as "amended, is hereby further amended by adding after subparagraph (n) of said paragraph 2, the following subparagraph: "(o) Registered Land Survey No. 1193 " Tracts B and C" Section 2. This Ordinance shall be in full force and effect immediately after its passage and publication. Motion for adoption of the ordinance was seconded,,Iq Trustee Tupa and on Rollcall there were five ayes and no nays and the ordina e� as adopte ATTEST: ti Mayor Village Clerk STORM SEWER IMPROVEMENT NO. 90 ASSESSMENT LEVIED. (Indian Hills Pass from Gleason Road to 200 Southwest; Gleason Road from Indian Hills Pass to plus or minus 300 feet North of Valley View Road; Balder Lane from Gleason Road to Scandia Road; Scandia Road from Creek Valley Road to Nordic Drive from Creek Valley Road to plus or minus 850' South; Creek Valley Road from Scandia Road to Nine Mile Creek) Clerk presented Affidavits of Publication in the Edina - Morningside Courier on October 13, 1966, and of Mailing on October 14, 1966, which affidavits were approved as to form and ordered placed on file. Pursuant to due notice given, Public Hearing was conducted and action taken by the Council as hereinafter recorded. Tabulation of Assessment was presented by Mr. Hyde who gave total construction cost at $112,852.83 proposed to be, assessed against 2,745,811 assessable square feet at $0.0411 as against estimated assessable cost of $0.04156. Mr. Richard Mahoney, 6716 Rosemary Lane, inquired if the assessment rate is being levied equally against all properties. Upon Mr. Hyde's reply in the affirmative, Mr. Mahoney presented a written statement setting forth the reasons for his objections to the assessment as proposed. Written statement- was also submitted by Mr. and Mrs. D. C. Elliott, 6501 Cherokee Trail, and signed by Mr. and Mrs. Carl Z. Immel, Mrs. and Mr. Thomas C. Carrier and Mr. and Mrs. Donald G. Kimball. These statements set forth the following objections to the proposed assessment: 1) That the improvement was installed primarily so that Valley Estates could be improved and developed and as such no "public purpose" was served. 2) Valley Estates should not have been developed since the area should have been retained as a park or reserve area. 3) Amount of assessment exceeds any possible benefit. 4) No benefit to any of the higher properties. 5) Village maintains streets as'an expense to the Village as a whole, therefore more orderly run -off of water is not a valid reason for a storm sewer assessment. 6) Village Storm Sewer Assessment Policy not applicable in this improvement. The owner of Lot 1, Block 10, Indian Hills requested a re- evaluation of the drainage district based on the fact that there is'now a road on his lot that was not there when the assessment area was established. He was.assured by Mayor Bredesen that this would be checked. Mr. Jack Hanson, 6712 Rosemary Lane; Mr. Winston Wallin, 6720 Rosemary Lane; Mr. Thomas Ashley, 6728 Rosemary Lane and Mr. Donald Kimball, 6505 Cherokee Trail, all spoke in endorsement of statements of Mr. Mahoney and Mr. Elliott. Mayor Bredesen pointed out that although the Village maintains street repairs out of General Funds, property owners in most areas have paid for storm sewers and he would not think it appropriate to charge them again for repairing damage which had been caused because no storm sewer had been installed. 241 11/7/66 In reply to a question from the audience as to why the storm sewer was not installed and Gleason Road paved at the same time, Mr. Hite explained that all underground utilities should be installed in advance of paving in order that the ditch backfills will have an opportunity to settle before the permanent street surface is installed. Village'Attorney Spencer pointed out that.there must be a special benefit to sustain a special assessment and that the benefit can only be determined by someone familiar with the engineering situation. A gentleman in the audience noted that Council is not following the law because of the fact that there is not an apportionment between the benefits being received and the cost of the assessment. Trustee VanValkenburg then stated that, based on engineering recommendations and the fact that the Village has been uniform within each district in the past, he would offer the resolution ordering the special assessment levy. Motion for adoption of the resolution was seconded by Trustee MacMillan. Before Rollcall could be taken, an unidentified lady in the audience protested approval of the assessment, in view of all of the feeling of opposition expressed by property owners. Mayor Bredesen stated that in practically every storm sewer project some people think that they do not benefit.. He stated that such benefits as Police and Fire Departments and parks and schools are not used by all property owners, but that these services and benefits are a community benefit and the expense incurred must be shared by the community as a whole. Trustee Johnson recalled a similar personal situation and stated that he has resolved that his surface water is contributing to the problem of his neighbors and that he should pay his share to resolve the problem. Trustee VanValkenburg then repeated his motion offering the resolution ordering special assessment levy for Storm Sewer No. 90. (See Resolution later in Minutes.) �0 GARBAGE AND HOUSEHOLD REFUSE SPECIAL ASSESSMENT LEVIED. Affidavits of Publication in the Edina- Morningside Courier on October 20 and of Mailing on October 19, 19669 were presented by Clerk, approved as to form and ordered placed on file. Pursuant to due notice given, Public Hearing was conducted on special assessment levy and action taken by Council as hereinafter recorded. Mr. Hyde presented tabulation of assessment based on bid of Edina - Morningside Sanitation for twice a week collection at annual rate of $25.50. Mr. David Markeson; 4001 Lynn Avenue, the owner of 4312 France Avenue South, stated that in the past Edina- Morningside Sanitation had refused to pick up grass clippings and other miscellaneous refuse. Mr. Hyde advised these gentlemen that this refuse should all be picked up under the present'and past contracts. He suggested that calls be trade to the Sloan residence in the event of unsatisfactory service and that unless the situation was remedied, the Village should be called. A resident at 4419 Grimes Avenue asked why a family with half a trash can full should pay the same amount as a family with two or three cans. Mr. Hyde advised that it would be difficult to have different rates in the same area and that, in comparison with rates charged in the remainder of Edina for once a week collection, $25.50 would appear to be a reasonable charge. He further stated that continuation of this had been requested by the Morningside Council. In reply to a question whether it is mandatory to have this service, Mr. Hyde stated that all households must be included for the service to be operated satisfactorily. Trustee VanValkenburg then offered the following resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF STORM SEWER IMPROVEMENT NO. 90 AND GARBAGE AND REFUSE COLLECTION NO. G -1 BE IT RESOLVED-by the Village Council of the Village of Edina, Minnesota, as follows: 1. The Village has given notice of hearings as required by law on the proposed assessment rolls for the improvements hereinafter referred to, and at such hearings held on November 7,1966, has considered all oral and written objections presented against the levy of such assessments. 2. Each of the assessments as set forth in the assessment rolls on file in the office of the Village Clerk for the following improvements: Storm Sewer Improvement No. 90 and Garbage and Refuse Collection No. C -1 does not exceed the local benefits conferred by said improvements upon the lot, tract or parcel of land so assessed, and all of said assessment are hereby adopted and confirmed as the proper assessment on account of said respective improvements to be spread against the benefited lots, parcels and tracts of land described therein. 3. The assessments for Storm Sewer 90 shall be payable in ten equal annual installments, the first of said installments, together with interest at the rate of 5% per annum on the entire assessment from the date hereof to December 31, 1967, to be payable with the general taxes for the year 1966. 5. The Village Clerk shall forthwith prepare and transmit to the County Auditor a copy of this resolution and a certified duplicate of said assessments, with each then unpaid iristallment and interest set forth separately, to be extended on the tax lists of the County in accordance with this resolution. 11/7/66 6. The Clerk shall also mail notice of any special assessments which may be payable by a county, a political subdivision or by the owner of any right -of -way, as required by Minnesota Statutes, Section 429.061, Subdivision 4, and if any such assessment is not paid in ,a single installment, the Village Treasurer shall arrange for collection thereof in installments, as set forth in said section. Motion for adoption of the resolution was seconde y ustee MacMillan and on rollcall there were five ayes and no nays and the resolu on was adopted. ATTEST: Mayor Village C erk-r BARRICADE TO BE PLACED AT WIND ROAD AND LAKEVIEW DRIVE AT NORMANDALE ROAD INTERSECTION. Mr. Hite advised Council that because requests had been received over the past few years for the closing of Wind Road and Lakeview Drive at Normandale Road, notices have been sent `to affected neighbors advising them that the matter would be discussed at this meeting. He stated that this action had�been recommended by the Police and Fire Departments because of the numerous accidents being caused by left -hand turns at these intersections. Because this action will put an additional load on the left - hand turning lane at Southview Lane, it is sW-sted that the State Highway Department be requested to install a left -turn signal at that intersection, cost of which will be paid by the Village. Captain Bert Merfeld of the Police Department presented statistics for the years 1963 through 1966, showing that 49 accidents which had occurred in the passing lane at these intersections. Mayor Bredesen pointed out that after - -the service roads are installed along Highway 100, all left turns will be eliminated. Mr. Mark Jones, 5506 Lakeview Drive, requested that-the-barricade not be approved unless a left -turn signal is installed at Southview Lane. Mr. Hite pointed out that the complete solution to the problem will not come until the service roads are installed but that this action will alleviate the problem to a large extent. Mr. Newell Gaasedelen, 4818 Golf Terrace, and Dr. Harry Hall, 4902 West Lakeview Drive expressed approval of the barricade. Mr. Hite presented the names of Messrs. Neal Herman, 4802 Golf Terrace; Frederick A. Moore, 5508 Concord*Avenue; D. C. Hey, 4706 Golf Terrace; G. F. Martin, 5611 St, Andrews; P. C. McGarvey, 5609 Sherwood Avenue; E. H.`Keating, 4903 West Lakeview.Drive; T. L. Sogard, 4705 Go1f,!Terrace;- John Windhorst, 4907 West ,Lakeview Drive; Dr. H. G. Benjamin, 4700 Lakeview Drive and Mrs. Chester Nichols, 4813 Lakeview Drive, all of whom concurred with the establishment of the proposed blockade. Mr. Hite stated that Mr. John Hedberg, 4812 Lakeview Drive had expressed some objection and had asked that'some consideration be given to the Southview Lane signal if these streets were to be closed. Discussion ensued relative to plantings on the corners of Lakeview Drive and Golf Terrace at' Wooddale Avenue which block the view of cars attemptingto drive onto Wooddale Avenue. Mayor Bredesen commented that he is generally opposed to closing any street, but in view of the fact that the service.road will be installed within 18 or 20 months, he feels that it would be a foolish expenditure of public funds to spend money on a sign that.would be obsolete in so short a time., Trustee Johnson then offered the following resolution for approval of placing partial barricades at Wind Road and Lakeview Drive intersections at Normandale Road and moved its adoption: RESOLUTION APPROVING BARRICADES AT INTERSECTIONS OF'LAKEVIEW DRIVE AND WIND ROAD AT T.H. 100 BE IT RESOLVED by the Village Council of the Village of Edina that the Minnesota State Highway Department grant permission to the Village of Edina to place partial barricades at the intersections of Wind Road and Lakeview Drive at T.H. 100, which* barricades would prevent left turns from on onto T.H. 100. BE IT FURTHER.RESOLVED that the-Minnesota State Highway Department install at the expense of the Village of Edina, a left -turn signal at the intersection of Southview Lane and T.H. 100. Motion for adoption of the resolution was seconded rustee Tupa and on rollcall there were five ayes and no nays and the resoluti as adopted. ATTEST: Mayor Village Clerk DRY PROCESS AMMONIA REPRODUCTION MACHINE BID AWARDED. Clerk presented Affidavits of Publication in the Edina- Morningside Courier and in the Construction Bulletin, which affidavits were approved as to form and ordered placed on file. Mr. Hite presented tabulation of two bidders which showed Rogers low net bidder at $2,195.50 as against Albinson, Inc. with a net bid of $2,321.85. notion for award to recommended low bidder, Rogers, was offered by Trustee MacMillan, seconded by Trustee Tupa and carried. PETITIONS RECEIVED. Mr. Hite presented the following petitions which were reviewed and ordered referred to the Engineering Department for processing by motion of Trustee Johnson, seconded by Trustee Tupa and carried: Sanitary Sewer Petition for Mildred I 1 1 11/7/66 Avenue between West 64th and West 65th Streets, Permanent Street Surfacing and Curb for Arbour Avenue between the south line of Block 2, Clagramar 2nd Addition and the north line of Block 1, Edina Grove, and Petition for Grading and Gravelling West 69 -1/2 Street between France Avenue and Lot 1 of Block 1, Replat of Lot 2, Block 1, of South Office Park First Addition. SANITARY SEWER EASEMENT VACATION HEARING DATE SET. Upon petition of Cardarelle 6 Associates, Inc., for vacation of part of a sanitary sewer easement as platted in Otto's 2nd and 3rd Additions, Trustee Tupa's motion setting hearing date for December 19, 1966, was seconded by Trustee Johnson and carried. GOVERNMENT LOT 1 DIVISION APPROVED. Mr. Hite presented request of Mrs. Mabel Willson for division of Government Lot 1 on the southwest corner of Richmond Drive and Normandale Road. Two houses are located on the property and the division is requested in order that each house will have its own lot. Trustee VanValkenburg then offered the following resolution as recommended by Planning Commission.and moved its adoption: RESOLUTION APPROVING DIVISION OF GOVERNMENT LOT 1 WHEREAS, Mrs. Mabel Willson, single, is the owner of the property described as Government Lot 1, situated in the Village of Edina, County of Hennepin, Minnesota, and is desirous of subdividing the lot into parcels described as follows: The west 95' of the north 135' of the south 300' of the east 333' of the north 1/2 of Government Lot 1, Section 33, Township 117, Range 21. The north 135' of the east 205' of the west 300' of the south 300' of the east 333' of the north 1/2 of Government Lot 1, Section 33, Township P_" 117, Range 21, and WHEREAS, it has been determined that the said property division does not interfere with the platting and subdivision ordinances of the Village of Edina, and requiring compliance therewith in this case.will - involve unnecessary_-hardship;.and WHEREAS, the Planning Commission-of-the-Village of Edina has consented to the approval of the said property division, NOW, THEREFORE, It is hereby resolved by the Village Council of the Village of Edina, that the division heretofore made into the above described parcels are hereby approved and the platting and subdivision ordinances of the Village of Edina are hereby waived as to said divisions and conveyances. Subject, however, to the provision that no further subdivision shall be made of either of said parcels as hereby approved unless made in compliance with the pertinent ordinances of the Village of Edina or with the prior approval of this Council as may be provided for by such ordinances. Motion for approval of the resolution was seconded by Trustee T�upa and on rollcall there were five ayes and no nays and the resplut� n was ado to . ATTEST: � . " Mayor Village Clerk r DONALD D. MACDONALD, JR., PETITION FOR LOT DIVISION APPROVED. Mr. Hite presented request of Mr. Donald D. MacDonald, Jr. 4105 Monterey Avenue, for straightening the property line between Lots 10 and 11, Block 1, A and B Addition in order that a fence can be correctly erected. Whereupon Trustee Tupa offered the following resolution and moved its adoption: RESOLUTION APPROVING LOT DIVISION OF LOT 11, BLOCK 1, A AND B ADDITION WHEREAS, Donald D. MacDonald, Jr., and Janet S. MacDonald, husband and wife, are owners of Lot 11, Block 1, A and B Addition, situated in the Village of Edina, Hennepin County, Minnesota, and are desirous of subdividing the above described property into plats described as follows: Commencing at the northwest corner of Lot 11, Block 1, A and B Addition, thence south along the west line 81.25'; thence easterly to a point on the east line of Lot 10, Block 1, A and B Addition, said point being 25' south of the north- east corner of .said lot 10; thence north along the east line of Lots 10 and 11 a distance of 116.43' to the northeast corner of Lot 11; thence westerly to point of beginning. Commencing at-a point on the'west'line of Lot 11, Block 1, A afid B Addition north of the northwest corner of Lot 10, Block 1, A and B Addition; thence easterly to a point -on the east line of Lot 10, said point being 25' south of the northeast corner of Lot 10; thence south along the east line of Lots 10 and 9, Block 1, A and B Addition a distance of 81.44' to a point 15' south of the northeast corner of Lot 9; thence northwesterly to a point on the west line of Lot 10, said.point being 5' north of the sou -VhVes:t - .cornet of.Lot;10; thence north to point of beginning. Commencing at the southwest corner of Lot 6, Block 3, Prospect Hills Second Addition; thence north along the west line of said Lot 6 a distance of 130.281; thence northeasterly to a point on the east line of Lot 6 said point being 163.37' southeasterly of the northeast corner of said Lot 6; thence southeasterly along the east line of Lot 6 a distance of 264.69 "to the southeast corner of Lot 6; thence west to point of-beginning. WHEREAS, it has been determined that the said property division does not interfere with the purposes of the platting and subdivision ordinances of the Village of Edina, and requiring compliance therewith in this case will involve unnecessary hardship, and WHEREAS, the Planning Commission of the Village of Edina has consented to the approval of said property division, " NOW, THEREFORE, It is hereby resolved by the Village Council of,the Village,of Edina that the division heretofore made into the above described parcels are hereby approved and the platting and subdivision ordinances of the Village of Edina are hereby waived as to said divisions and conveyances. Subject, however, to the provision that no further subdivision shall be made of either of said parcels as hereby approved unless made in compliance with the pertinent ordinances of the Village of Edina or with the prior approval of this Council as may be provided for by such ordinance. Motion for adoption of the resolution was seconde byi Trustee MacMi an and on rollcall there were five ayes and no nays and the resolu on Sias adopted. ATTEST: Mayo Village Clerk VIKING HILLS ADDITION GRANTED PRELIMINARY AND FINAL PLAT APPROVAL. Mr. Hite presented Viking Hills Addition for Preliminary and Final Plat approval as recommended by the Planning Commission. Mr. Hite stated that this is the first platting of,the Karl Krahl property on T.H. 169 -212 and consists of ten lots which are served by sewer and water and located around a cul -de -sac. No-protests were offered, whereupon Trustee Johnson offered the following resolution and moved its adoption: 11/7/66 WHEREAS, it has been determined that the said property division does not interfere with the purposes of the platting and subdivision ordinances of the Village of Edina, and requiring compliance therewith in this case will involve unnecessary hardship, and WHEREAS, the Planning Commission of the Village of Edina has consented to the approval of the said property divisions, ,NOW, THEREFORE, It is hereby resolved by the Village Council of the Village of Edina that the division heretofore made into the above described parcels are hereby approved and the platting and subdivision ordinances of the Village of Edina are hereby waived as to said divisions and conveyances. Subject, however, to the provision that no further subdivision shall be made of either of said parcels as hereby approved unless made it compliance with the pertinent ordinances of the Village of Edina or with the prior approval of this Council as may be provided for by such ordinances. Motion for adoption of the resolution 'was seconded �y, Trustee MacMillan and on rollcall there were five ayes and no nays and the resolut' d'l adopte ATTEST: i � May Village Clerk r LOT 6, BLOCK 3, PROSPECT HILLS SECOND ADDITION, DIVISION APPROVED. Mr. Hite presented request of Mr. Clarence Kemp, building contractor, to subdivide Lot 6, Block 3, Prospect Hills Second Addition in order that there can be two building sites. The northerly portion of the property has an existing structure. The southerly parcel would be served by sewer and water and have access to Claredon Drive by a private access road across Lot 12, Block 1, Holand's First Addition. Division has been recommended by Planning Commission. Trustee Tupa then offered the following resolution and moved its adoption: RESOLUTION APPROVING DIVISION OF LOT 6, BLOCK 3, PROSPECT HILLS SECOND ADDITION WHEREAS, it has been requested that property described as Lot 6, Block 3, Prospect Hills Second Addition, be divided as follows: .Commencing at the northwest corner of Lot 6, Block 3, Prospect Hills Second Addition; thence south along the west line of said Lot 6 a distance of 1.78.151; thence northeasterly to a point on the east line of said Lot 6 a distance of 163.37' southeasterly of the northeast corner of said Lot 6; thence northwesterly to the northeast corner of Lot 6; thence westerly to point of beginning. Commencing at the southwest corner of Lot 6, Block 3, Prospect Hills Second Addition; thence north along the west line of said Lot 6 a distance of 130.281; thence northeasterly to a point on the east line of Lot 6 said point being 163.37' southeasterly of the northeast corner of said Lot 6; thence southeasterly along the east line of Lot 6 a distance of 264.69 "to the southeast corner of Lot 6; thence west to point of-beginning. WHEREAS, it has been determined that the said property division does not interfere with the purposes of the platting and subdivision ordinances of the Village of Edina, and requiring compliance therewith in this case will involve unnecessary hardship, and WHEREAS, the Planning Commission of the Village of Edina has consented to the approval of said property division, " NOW, THEREFORE, It is hereby resolved by the Village Council of,the Village,of Edina that the division heretofore made into the above described parcels are hereby approved and the platting and subdivision ordinances of the Village of Edina are hereby waived as to said divisions and conveyances. Subject, however, to the provision that no further subdivision shall be made of either of said parcels as hereby approved unless made in compliance with the pertinent ordinances of the Village of Edina or with the prior approval of this Council as may be provided for by such ordinance. Motion for adoption of the resolution was seconde byi Trustee MacMi an and on rollcall there were five ayes and no nays and the resolu on Sias adopted. ATTEST: Mayo Village Clerk VIKING HILLS ADDITION GRANTED PRELIMINARY AND FINAL PLAT APPROVAL. Mr. Hite presented Viking Hills Addition for Preliminary and Final Plat approval as recommended by the Planning Commission. Mr. Hite stated that this is the first platting of,the Karl Krahl property on T.H. 169 -212 and consists of ten lots which are served by sewer and water and located around a cul -de -sac. No-protests were offered, whereupon Trustee Johnson offered the following resolution and moved its adoption: 11/7/66 � ass RESOLUTION APPROVING VIKING HILLS ADDITION BE IT RESOLVED By t e Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Viking Hills Addition," platted by Karl Krahl and presented at the meeting of the Village Council of November 7, 1966, be and is hereby approved. Motion for adoption of the resolution was seconyded�by Trustee Tupa and on rollcall there were five ayes and no nays and the araition' was adopt . ATTEST: - l Mayor Village Clerk EDINA PLAZA CORPORATION ZONING CHANGE HEARING DATE SET. Upon request of Mr. Hite, Trustee MacMillan's motion was seconded by Trustee Tupa and carried, setting hearing date for... December, 5 -for rezoning of Lot 1, Block 4, Edina Interchange Center First Addition from R -1 to Planned ;.Industrial District -as-requested by Edina Plaza Corporation. H. GERALD FLOREN'S SUIT FILED. Mr. Hyde advised Council of the suit of H. Gerald Floren and Gloria V. Floren having been instituted against the Village relative to the assessment against them for Storm Sewer No. 88. RICHFIELD STORM SEWER AGREEMENT APPROVED. Mr. Hyde advised Council that the Storm L Sewer Agreement worked out by Mr. Whitlock and Mr. LeFever, attorney for Richfield, X was acceptable and recommended that.the agreement be approved. Whereupon Trustee Johnson offered the following resolution and moved its adoption: RESOLUTION APPROVING STORM SEWER AGREEMENT WITH CITY OF RICHFIELD RELATIVE TO STORM SEWER IMPROVEMENT NO. 108 BE IT RESOLVED that the Village Council of the Village of Edina will authorize the Mayor and Manager to enter into agreement with the City of Richfield relative to Storm Sewer Improvement No. 108. Motion for adoption of the resolution was secon by Trustee Tupa and on rollcall there were five ayes and no nays and the res utio was adopted. ATTEST: Mayor Village Clerk ,• At this point, Mayor Bredesen absented himself and Trustee VanValkenburg served as Mayor P.ro -tem for the remainder of the meeting. NORTHERN STATES POWER COMPANY GRANTED EASEMENTS IN BROOKVIEW HEIGHTS. Upon recommendation of Mr. Hite, Trustee Johnson offered the following resolution approving easement in Brookview Heights as follows: RESOLUTION GRANTING EASEMENT TO NORTHERN STATES POWER IN BROOKVIEW HEIGHTS BE IT RESOLVED by the Village Council of the Village of Edina that Northern States Power Company be granted an easement to construct, operate and maintain its lines for transmission of electrical energy, including the necessary poles, wires, guys, stubs and other fixtures over, across, and upon the southwesterly 5 feet of the following described property: That part of Lot 14, Block 3, Brookview Heights 3rd Addition, lying Northerly of a line drawn from the most Southerly corner of Lot 10, of said Block 3, to the Southwest corner of Lot 21, Block 7, Brookview Heights 2nd Addition, according to the plat thereof on file on file or of record in the office of the Registrar of Titles in and for said Hennepin County. Motion for adoption of the resolution was second y Trustee Tupa and on rollcall there were four ayes and no nays and the re so tion /was.adopted.f ATTEST: - -'� / i Village Clerk SOUTHDALE AREA- STREET LIGHTING AGREEMENZ21PROVED. Upon recommendation of Mr. Hite, Trustee Tupa offered the following resiklution authorizing the Mayor and the Village Manager to enter into an agreement with Northern States Power Company for temporary lighting system in the Southdale Apartment -Area as follows: 11/7/66 R E S O L U T I O N BE IT RESOLVED by the Village Qouncil of the Village of Edina that the Mayor and Village Manager be authorized to enter into an agreement with Northern States Power Company for installation of a temporary street lighting system in the Southdale area, the cost of which is $1,110. Motion for adoption.of the resolution was seconded by Trusteohnson and on rollcall there were four ayes and no nays and the reso tion w s a ed. ATTEST: t V111age'Clerk SIDEWALK REPAIR ORDER TO BE ISSUED. U�qn recommendation of Mr. Hite, Trustee Johnson offered the following resolution for approval of issuance of Sidewalk Repair Orders to all property owners between Halifax and Indianola Avenues on the south side of West 50th Street and for the Edina Cafeteria and moved its adoption: RESOLUTION ORDERING SIDEWALK REPAIR BE IT RESOLVED by the Village Council of the Village of Bdina'that Sidewalk Repair Orders be issued to owners of the following properties: Parcel 1500, Block 1, Steven's First Addition. West 24- 62/100 feet of Lot 1 and East 20 feet of Lot 2, except Road. South 1/2 of Lot 34 and the East 13 feet of the South 1/2 of Lot 35, Parcel 2150, Auditor's Subdivision No. 192. Parcel 2000, Block 1, Steven's First Addition, west 60 feet of Lot 2 and east 10 feet of Lot 3, except Road. Lot 1, Block 1, Parcel 1000, Steven's First Addition. Motion for adoption of the resolution was seconded by rollcall there were four ayes and no nays anhe red ATTEST: / and on REVISED EMERGENCY PLAN ADOPTED. UponXequest of the Director of Public Safety, Wayne W. Bennett, Mr. Hyde presented he Revised Emergency Plan, Council approval of which is required by Minnesota State Statute. Approval of this revised plan is necessary because of changes in the State Statutes and the passing of the new Village Civil Defense Ordinance No. 82A. The plan is inclusive of natural disasters as well as war- caused disasters and new changes in the warning-system for increased emphasis on the shelter phase of the Civil Defense rather than evacuation. Trustee Tupa then offered the following resolution for adoption of the Revised Edina Emergency Plan as follows: RESOLUTION APPROVING REVISED EDINA EMERGENCY PLAN BE IT RESOLVED by the Village Council of the Village of Edina, that the Revised Edina Emergency Plan is hereby approved and that a copy of said plan be filed with Ordinance No. 82A in the office of the Village Clerk. Motion for adoption of the resolution was seconded by rollcall there were four ayes and no nays an res ATTEST: . on BLAKE ROAD AREA WATER SURVEY. Resultq`of the survey were presented by Mr. Hyde who stated that in response to a questionnaire sent to some 300 homes east and west of Blake Road and north of T.H. 169, 74 property owners indicated that they want water, 108 did not want water and 11 had no opinion, and approximately 100 did not reply.._ Trustee Tupa's motion that the Engineering Department draw plans to be presented at Public Hearing in accordance with recommendation of Mr. Hyde was seconded by Trustee MacMillan and carried, Trustee Johnson abstaining from any consideration of this matter. WINTER NIGHT -TIME PARKING RESTRICTIONS DISCUSSED. Mr. Hyde advised Council that because additional streets have been added in the Village and because no additional snow removal equipment has been purchased, it is necessary to speed up plowing operations. He recommended that street parking be prohibited during the months of November through March of each year between the hours of 1:00 A.M. and 6:00 A.M. Trustee MacMillan pointed out that there are many times when snow conditions make it impossible to get cars out of the streets. He was assured by'Mr. Hite that the method of enforcement would be reasonable and that if only 750 of the parking is eliminated it would be of great - assistance. The Village Attorney was requested to draft an ordinance relating to this problem to be considered at the meeting Of November 21. 1 1 11/7/66 ST. LOUIS PARK SCHOOL CONSTRUCTION DISCUSSED. Mr. Hyde advised Council that Morningside area residents are still concerned that the St. Louis Park School Board is proceeding with plans for construction of a school between West 41st Street and Quentin Avenue. He expressed the opinion that, until the forthcoming storm sewer report has been received, he does not feel that the Village has anything concrete on which to present objections to the construction of the building. Mr. James Lushine, 4166 Monterey Avenue, stated that he fears that if the Village waits until the storm sewer plans have been formulated, the building will already be under construction. He further stated that the report submitted by Barr Engineering proved this to be a very poor site and recommended that the school be built elsewhere. He quoted a member of the St. Louis Park School Board, Mr. Hobart, as saying that the school would be built and the water problem would be solved later. Trustee Johnson then offered the following resolution and moved its adoption: R E S O L U T I O N WHEREAS, the St. Louis Park School Board has recently announced that the elementary school will be built in the vicinity of West 41st Street and Quentin Avenue South, and WHEREAS, the Morningside Village Council had protested the use of the site because the development of it will intensify the already critical drainage problems in the area, and WHEREAS, the Cities of Minneapolis, St. Louis Park, and the Village of Morningside have retained the firm of Orr- Schelen- Mayeron to make a thorough study of the drainage problem, and WHEREAS,.this- report will be finished in the very near future, and WHEREAS, a portion of the proposed elementary school site is in the Village of Edina, NOW, THEREFORE., BE IT RESOLVED by the Village Council of the Village of Edina, 0-4 on November 7, 1966, that: 1. The St. Louis Park School Board be requested to submit its site plans for this school to the Edina Village Planning Commission in accordance with Minnesota Statutes. 2. That the St. Louis Park School Board withhold any furfiher action on the development of this site until the engineering study on drainage problems is received, and until definite plans are made by the City of St. Louis Park and the City of Minneapolis, and the Village of Edina for solving s the_ drainage - problem, in this area. Motion for adoption of the resolution was seconded by T ustee MacMillan and on rollcall there were four ayes and no nays and the res do as op d. ATTEST_: Village Clerk SNOWMOBILE OPERATION ON NORMANDALE LF COURSE REFERRED TO PLANNING COMMISSION. Mr. Hite presented request of Mr. Gordon Nevers to operate snowmobiles for hire on the Normandale Golf Course, stating that this property is zoned for R -1 Single Family Residence which permits golf courses but makes no mention of snowmobiles. Mr. Nevers stated that.the. proposed operation.will be called " Normandale Snow Fun" and that they will lease the property from Mr. Rauenhorst. He further advised that he,has surveyed the adjoining property owners and that a number of residents have signed a paper stating that they would have no objection to the operation of fifteen snowmobiles in the golf course. Mr. Donald Trimmer indicated that the plan is that operations would run no later than 9:00 P.M. and that drivers would be restricted to those having a driver's license. Trustee VanValkenburg indicated that this would cause considerable noise and that he would not favor approval. Village Attorney Spencer stated that the Zoning Ordinance would have to be amended and that a public hearing would be required. Trustee MacMillan then moved that the request be referred to the Planning Commission for consideration at its December meeting. Motion seconded by Trustee Tupa and carried. CANVASSING BOARD APPOINTED. Upon request of Clerk for appointmetit of Canvassing Board composed of Council members to canvass voting machines following the Village Election of November 8, 1966, Trustee MacMillan's motion deputizing the Canvassing Board which was appointed by the County Aiditor,to, act for Council was seconded by Trustee Johnson and carried. HEARING DATE SET FOR VERNON AVENUE SERVICE ROAD. Upon request of Mr. Hite, Trustee Johnson offered the following resolution setting hearing date for the first phase of the Vernon Avenue Service Road and moved its adoption: RESOLUTION PROVIDING-FOR-PUBLIC HEARING ON GRADING, GRAVELING AND SURFACING FOR SERVICE DRIVE ON VERNON AVENUE The Village Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed storm sewer described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improvements, said report is hereby approved and ditected to be placed on file in the office of the Village Clerk. r- �.-g � 11/7/66 This Council shall meet on Monday; November 21, 1966, at 7:00 P.M. in the Edina Village Hall to consider,in public hearing the views of all persons interested in said improvements. The Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: NOTICE OF PUBLIC HEARING ON GRADING, GRAVELING AND SURFACING EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, November 21, 1966, at 7:00 P.M., to consider the following proposed improvement to be constructed under the authority granted by Minnesota Statutes of 1961, Chapter 429. The approximate cost of said improvement is estimated by the Village at $15,995.47. CONSTRUCTION OF GRADING, GRAVELING AND SURFACING IN THE FOLLOWING: Service Drive on Vernon Avenue (Highway 169 -212) from South line of Lot 20, Block 4, Grandview Heights Addition to the South line of Lot 2, Block 1, Enroth's First Addition. The area proposed to be assessed for the cost of the proposed grading, graveling and surfacing listed above includes Lots 1 and 2, Block 1, Enroth's First Addition -and Lots 16 thru 20 inclusive, Block 4, Grandview Heights Addition. Florence B. Hallberg Village Clerk Motion for adoption of the resolution was seconded by Tr ee a a d on rollcal:l there were four ayes and no nays and the res u ion wa dop ATTEST: Village Clerk PURCHASE OF LIAISON OFFICER'S CAR APPRO D. Mr. Dalen requested permission to purchase a Police Car for the Liaison Officer who works with the schools, indicating that the schools are paying the salary of the officer and mileage of 10� per mile. Trustee MacMillan's motion for approval was seconded by Trustee Tupa and carried. GOLF COURSE. REPORT as of October 31, 1966, was presented by Mr. Dalen, reviewed and ordered placed on file by Motion of Trustee Tupa, seconded by Trustee Johnson and carried. ARENA REPORT as of October 31, 1966, was submitted by Mr. Dalen, reviewed and ordered placed on file by motion of Trustee Johnson, seconded by Trustee MacMillan and carried. LIQUOR REPORT as of September 30, 1966, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Trustee MacMillan, seconded by Trustee Tupa and carried. CLAIMS PAID. Motion of Trustee Johnson was seconded -by Trustee Tupa and carried for payment of the following claims as per Pre -List dated November 7, 1966, as follows: General Fund, $26,791.27; Construction Fund, $5,510.45; Park, Park Construction, Swimming Pool, Golf Course and Arena, $5,613.81; Water Fund, $2;051.18; Liquor Fund, $86,432.35; Sewer Rental Fund, $763.69; Poor Fund, $604.00; Total, $127,766.75; and for confirmation of the following payments: 10 /17 /66...Suburban Ready Mix, Inc. - General Funds $ 90.45 10/17/66 Minneapolis Equipment Co. General Funds 11.48 10/26/66 Hopkins Furniture Transfer, Inc. General Funds 147.00 10/26/66 NW Bell Telephone Company • Misc. Funds 1,295.27 10/26/66 American Linen Supply Company Misc. Funds 253.49 10/26/66 Hennepin County Treasurer Misc. Funds 159556.54 10/26/66 Texaco, Inc. General Funds 2,601.12 10/26/66 James W. Robertson General Funds 367.69 10/26/66 Oberhamer Shoe Company Arena 124.45 Agenda's business having been covered, Trustee MacMillan's motion for adjournment was seconded by Trustee Tupa and carried. Adjournment at 9 :20 P.M. Village 'Clerk 1 1 E WITURNS 073 VIM,= ELECTION, MELD IRMSDAY, UUM -Mg1 8, 1966, VILLAGE OF [Iffi, Mr EWJ Z_D IRMSWA tae, the undersigned, the Canvassing Board og the Village of Edina, Hann -pi n Counity, Minnesota, having vet Tucoftay, ilovember 3, 1966, beginning at 8:15 P.M., kor the purpose og canvassing returns of the 'Rovember 6, 1966, Village Election, do hareby cartify that, in accordance vith law, we have inspected the registering counter of each voting machine used In said election, have compared the ntrmb3r of votez so ahmni by such voting =chimes to have been cast for each candidate voted on T.-Ath the return s made. by the election jud�es of said election, and certify the returns of tha Village Election h 1 Eavomber 8, 1966, to be as follows: VoTir-r7l DISTRICT 11U.NBER _L,l i 2 10 3 t4 -05 i 1 -07 73 - .."'9 TOT91-11 !.'DTAF. REGMTEMSD TO VOTE 2350 3280 2443 3311 2525 931 2296 2917 1162 21235 63 h' VOTE CA -ST 1955 2637 2006 2646 2033 709 1843 2383 1012 17229 3 Yeams Ualrae cour-May 591 826 667 894 754 262 633 770 601 59911S Stephon 11hi133ps 268 629 300 585 537 289 377 796 329 1.110 --,.ohn J. Tu%pa 672 900 758 SS-9 694 152 604 662 320 5961 VanValh:e-nburg 843 905 e20 0,03 753 131 740 797 489 6.'`$37 ranal I "' -- Total voto cast por emoral Election. 7j 0- 63-;�V-