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HomeMy WebLinkAbout19670403_regular4/3/67 53 MINUTES OF THE %GULAR MEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON NONDAY, APRIL 3, 1967 Members answering rollcall were Trustees Courtney , Johnson , MacMillan and VanValkenburg who served as Mayor Pro Tem in the absence of Mayor Bredesen. MINUTES of the Regular Meetings of February 20, 1967 and March 20, 1967, were approved as submitted by motion of Trustee Johnson, seconded by Trustee Courtney and carried. PUBLIC HEARINGS CONDUCTED ON PROPOSED IMPROVEMENTS. Affidavits of Publication in the Edina Courier on March 23 and March’30, 1967, and of Mailcng on March 23, 1967, for the proposed bridge were Presented by Clerk, approved as to form and ordered placed on file. Publication on March 9 and 16, 1967, for the Indian Hills area, Iroquois Hills, Ker-Mil Heights, McCauley Heights area and the area west of County 1t3 andhorth of County Road 62 had been placed on file at the meeting of March 20, 1967. Pursuant to due notice given, public hearings were conducted. and action taken by “Council as hereinafter described:. ,A. Clerk advised that Affidavits of Mailing on March 8 and of CONSTRUCTION OF SANITARY SEWER IMPROVEMENT AND APPURTENANCES IN THE FOLLOWING: Valley View Road from existing trunk sewer near Brdemar Park to Gleason Road Dakota Trail Cheyenne Trail Cheyenne Circle Blackfoot Pass Indian Hills Pass Cherokee Trail from Indian Hills Pass to Navaho Trail Indian Hills Road from existing trunk sewer 300’ west of -Arrowhead Pass to Cherokee Trail Arrowhead Pass Indian Hills Circle Mohawk Trail Iroquois Circle from Mohawk Trail to 400’ South Shawnee Circle Mark Terrace Drive from Valley View Road to Mark Terrace Circle B. CONSTRUCTION OF LATERAL WATERMAIN AND APPURTENANCES IN THE FOLLOWING: ” Valley View Road from Gleason Road to proposed Mark Terrace Drive 1000’ south Dalcota Trail Cheyenne Trail Cheyenne Circle Blackfoot Pass Indian Hills Road from 300’ west of Arrowhead Pass to Indian Hills Pass Indian Hills Road from Navaho Trail to Cherokee Trail Arrowhead Pass Indian Hills Circle Mohawk Trail Iroquois Circle from Mohawk Trail to 150’ south Shawnee Circle Mark Terrace Drive from Valley View Road to Mark Terrace Circle b32 d.r v3 -rtr u 42 ’ ‘ of Dakota Trail C. CONSTRUCTION OF PERMANENT STREET IMPROVEMENT IN THE FOLLOWING : - Indian Hills Road, west line Lot 3, Block 1, McCauley Heights - Halla Replat .. to Cherokee Trail Arrowhead Pass, Indian Hills Road to Cul-de-sac Indian Hills Circle, Indian Hills Road to Cul-de-sac Mohawk Trail, Indian Hills Road to Iroquois Circle Iroquois Circle from south line of Indian Hills Addition to Iroquois Trail Iroquois Trail from Iroquois Circle to West Trail Dakota Trail from Indian Hills Road to Valley View Road Cheyenne Trail from Indian Hills Road to Valley View Road Cheyenne Circle from Cheyenne Trail to Cul-de-sac Blackfoot Pass from Indian Hills Road to Cheyenne Trail Valley View Road from Gleason Road to 370’ south of the most northerly corner Mark Terrace Drive from Valley View Road to Mark Terrace Drive in Braemar Hills Shawnee Circle from Dakota Trail to cul-de-sac Indian Hills Pass from Indian Hills Road to Gleason Road Cherokee Trail from Indian Hills Pass to 1tavaho Trail of Outlot 2, Muir Woods I * Addition Because there is an interlocking relationship, the improvements listed under A, B and C above were discussed simultaneously. cost of construction of sanitary sewer listed under A above at $407,784.20, proposed to be assessed against 151 assessable lots at an estimated cost of $2,700.56 per assessable lot. Mr. Hyde presented total estimated project He presented estimated construction cost of the watermain listed ) 4/3/67 at $1,094.51 per assessable lot. listed under C above was presented by Mr. Hyde at $323,748.77, proposed to be assessed against 36,664.64 assessable feet at an estimated cost of $8.83 per assessable foot. Advising that these hearings had been adjourned from the Regular Council Meeting of March 20, 1967, Mr. Hyde stated that indications are that there is some failure of private sewage systems and that the trend in other areas is that these problems are apt 'to worsen. a real health hazard and that with the costs increasing at approximately 10% each year, and with 30 lots yet to be built upon, it is felt that it is prudent to install these improvements at this time. Mr. James Hensley, Village Sanitarian, advised that in the years 1965 and 1966, 41 septic tank systems were pumped in the area, for a total of 58 pumgings, with five systems having pumped more than one time during the year 1966 and one system having been pumped sixteen times since June,' 1965. He stated that the fairly high bacteria count found in Arrowhead and Indianhead Lakes in 1964 and 1965 is less at this time but that chemical tests conducted on Indianhead Lake indicate that presently some affluent is entering the lake. the degree of pollution in a body of water and that the water level is much higher at the Ijresent time than it has been in the past few years. that it is possible that systems bleeding into the lakes would not require pumping. Nr. Henry Feikema, attorney representing 90 property owners who are opposed to the projects, suggested that Mr. Hensley check whether or not these sewage systems w&e pumped as a part of general maintenance or because they were not functioning properly. He suggested that the proposed assessments could be considered confiscatory in some cases and cited properties on Valley View Road which would be assessed for the proposed improvements that are owned by people who are retired or about to retire, whose homes would sell in the $19,000 to $21,000 bracket. Mr. Feikema further stated that it is unfair to assess the entire area because of problems in a few individual cases. expensive to construct all of .the utilities at one time rather than on a piecemeal basis. He further advised that most of the streets in this area had never had a blacktop surface and that the only assessment ever levied on these properties had been for a temporary oil' surfacing in the early 1960's. three petitions had been received for sanitary sewer as well as letters from Messrs . Charles E. Carlsen, James T. Haire, R. R. Jecha, Wm. 9. Koop , Jr. , Louis J. Riegert, S. T. Robb and S. J. Schneider expressing approval of the projects. from Dr. Roger A. Christgau and R. L. Hawthorne had been received expressing opposition to the project. representing eleven properties on Mark Terrace Drive requesting-that Mark Terrace Drive be removed from the project were presented. Alfred Sedgwick , Jr. , George Babcock, William Freudenthal and an unidentified property owner, all of Mark Terrace Drive, advised Council that their street has permanent street surfacing and curb and gutter and that they have no need for sanitary sewer and water. They also advised that because the lots on Mark Terrace Drive are much J smaller than those in Indian Hills, they do not feel that they should pay for any improvements on the same rate of assessment as the Indian Hills properties. Hr. Jack Haverly , developer of Cherokee Hills V Additio>-,-al%requested that _-.--- his lots be divorced from the project. Mi?. Hite pointed out tlat the methrd of assessment 1s not being considered at this time, but stated that if the lots on Mark Terrace Drive were to be connected to the existing pipes in Braemar Hills and should be considered as a separate project. connection. Trustee VanVAlkenburg explained the usual method of assessing sanitary sewer and ' watermain was on a connection basis. E. Carlsen, 6600 Mohawk Drive; Mr. A. C. Tomlinson, 6408 Indian Hills Road and Mr. Jerry Peterson, 6705 Cheyenne Trail, a11 advised that they are in favor of the proposed improvements. 6805 Cheyenne Trail, stated that they would favor a questionnaire being sent to property owners which would indicate interest in any of the proposed improvements. Mrs. Einck stated that she thinks that all of the work should be done at the same time if :it is to be done at all, but that costs as presented are too high. Mr. S. E. Halla, 6720 Indian Hills Road, and Mrs. Karl Leufvenius, 6404 Indian Hills Road, spoke against the proposed improvements. Hills Road and l5r. Robert Lafferty, 6829 Valley View Road, both expressed disapproval of curb and gutter from an esthetic point of view. for recommendation of curb and gutter as follows: of the pavement and by keeping water from running under the street surface; 2. water can be conveyed along the surface for a greater distance by gutters, thus reducing the need for storm sewers; 3. protecting lawns and children playing in ymd.5; 4. assisted by curbs; 5. It was brought out that if the Cherokee Hills and Nark Terrace areas were divorced from the project, that the cost for each of the remaining properties would be increased'by approximately $300. Y/ enburg$recommended that because many property owners had been of the opinion that Estimated construction cost for street improvements He advised that failure to take action at this time. could cause 4 Mr. Hensley pointed out that the dilution factor is critical in determining It was also brought out -. Elr. Hyde pointed out that it is more satisfactory and less Hr. Hite advised that Letters I A letter from Mr. Robert C. Meader and a petition Iessrs. Roscoe E. Beedee, ----.--., __ __ - -. .~=."------*? _--- -.*4 -" - - - Cost of the sanitary sewer would be estimated at $1,000 per In reply to a question from Mrs. William Turner, 6608 l4ohawk Trail, Mrs. G. R. Werness, 6800 Dakota Trail; Hr. Charles Mr. Richard Einck, 6605 Blackfoot Pass and I4r. John Deveny, 0 Mr. Harry tiurphy, 6508 India Nr. Hite explained the reasons 1. It is felt that curb and gutter . doubles the life of asphalt street surfacing by containing and strengthening the edge Storm Curbs define the edge of the roadway, Snow removal is considerably Curbs and gutters are regarded by many as an esthetic asset. Following considerable discussion, Trustee VanVaUc- 4/3/67 sanitary sewer, watermain and permanent street improvements would all have to be installed at the same time, the hearing should be continued and questionnaires sent out in order to determine the interest, in each separate project. Trustee MacMillan then moved that the hearing be continued to May 1, 1967, and that Mr* Feikema assist in the drafting of the questionnaire which will be 'sent out prior to the continued hearing. Motion seconded by Trustee Courtney and carried. D CONSTRUCTION OF VILLAGE SUB-TRUNK AND LATERAL TJATERNAIN AND APPURTENANCES IN THE FOLLOWING : a * h 12" Watermain Mark Terrace Drive from west line of Braemar ' s Hill-A-Way Addition to Valley View Road to east line of County Road #18 Valley View Road from Proposed Mark Terra-e Drive (1000' south of Dakota Trail) County Road #18 from West Trail to Indian Hiils Road Indian Hills Road from County Road #18 to Margaret's Lane Margaret's Lane from Indian Hills Road to Post Lane Post Lane from Margaret's Lane to Highway #169-212 Hwy. #169-212 from Post Lane to north line of County Road #/62 6"- Watermain Post Lane from Margaret's Lane to cul-de-sac Indian Hills Road from Margaret's Lane to 300' West of Arrowhead Pass Iroquois Trail from West Trail to Indian Hills Road Iroquois Circle and easement from 150' south of Mohawk Trail to Paiute Drive #est Trail from Iroquois Trail to County Road #l8 Samuel Road from County Road #18 to Sally Lane Sioux Trail from County Road #18 to Sally Lane Sally Lane from Valley View Roadtonorth line of Ker-Mil Heights Paiute Drive from Sally Lane to Paiute Pass Paiute Circle from Paiute Drive to cul-de-sac Paiute Pass from Paiute Drive to Sally Lane Comanche Court County Road #18 from Valley View Road to West Trail THE FOLLOWING : Comanche Court from Valley View Road $0 cul-de-sac Sally Lane from Valley View Road to north line of Ker-Mil Heights Addition Paiute Pass from Sally Lane to Paiute Drive Paiute Drive from Paiute Pass to Sally Lane Paiute Circle from Paiute Drive to cul-de-sac Iroquois Circle from south line of Indian Hills to cul-de-sac Sioux Trail from County Road #18 to Sally Lane Samuel Road from County Road #18 to Sally Lane West Trail from County Road #18 to Iroquois Trail Indian Hills Road from County Road #18 to west line of Lot 3, Block 1, Margaret's Lane from Indian Hills Road to Post Lane Post Lane from Highway #169-212 to cul-de-sac Because of the relationship between the improvements listed under D and E above, hearings were conducted concurrently. Mr. Hyde presented total construction cost for the proposed watermain listed under D above at $253,678.58, proposed to be assessed against 219 assessable lots at an estimated cost per assessable lot at $1,158.35. Total construction cost of the proposed street improvements listed under E above was given at $139,618.69, proposed to be assessed at $8.83 against 15,790.60 assessable feet. water and street improvements but that he thinks that the proposed assessment is inequitable. He suggested that McCauley Heights and-Naas Additions be removed from this project and included in the Indian Hills project. from Mrs. Maynard Hasselquist, 6712 Arrowhead Pass, Mr. Hite advised that watermain for Arrowhead Pass was included in the Indian Hills project. Dr. S. Hartley Calin, 6625 West Trail, advised that he opposes the proposed curb and gutter from an esthetic standpoint. Drive, asked why water had not been installed when the sewer was put in a few years ago, They were advised that trunk water had not been available at that time. Mr. Joe Ruzic, developer in the area, and Mrs. Stanley Goldberg, 6700 Samuel Road, both expressed approval of the proposed improvements. property owners should advise the Village if they have any preference as to type of curbing. later in Minutes.) E. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRFTE CURB AND GUTTER IN McCauley Heights - Halla Replat .. Mr. Robert Doyle, 6709 Sally Lane, advised that he supports the In reply to a question Mr. Gilbert Durkee, 6609 Iroquois Trail and the owner of 6812 Paiute Mr. Hite indicated that No further discussion was heard. (See Resolution Ordering Improvements F. CONSTRUCTION OF SUB-TRUNK WATERMAIN IN THE FOLLOWING: Proposed Mark Terrace Drive from west line of Braemar's Hill-A-Way Addition to Valley View Road from proposed Mark Terrace Drive to east line of County Road #18 County Road #l8 from Nest Trail to Indian Hills Road Indian Hills Road from County Road #18 to Margaret's Lane Margaret's Lane from Indian Hills Road to Post Lane Post Lane from Margaret's Lane to Hwy. #169-212 Valley View Road J 4/3/67 Highway #169-212 from Post Lane to north right-of-way line of County Road $62 14r. Hyde presented total estimated project cost at $51,960.13, proposed to be assessed as follows: North - All parcels in Sec. 31, T. 117, R. 21 to pay at an estimated rate of $396.79 per assessable acre. South - All parcels in Sec. 6 and 7, T. 117, R. 21 to pay at an estimated rate of $793.58 per assessable acre. that properties east of County Road #18 and north of the Crosstown would be assessed at different rates because it will be necessary to install additional pipes north of the Crosstown at a later date to give equivalent service to that area. Nr. 1.1. L. Fergestad, 6625 Mohawk Trail, and Mr. Frank Cardarelle, 6117 Hilryan Avenue, expressed their approval of the watermain. questioned the location of the proposed watermain and was advised by Mr. Hite that it will be installed to the south line of the Fabri-Tak property which is Mr. Pavelkats north property line. No other comments were heard. (See Resolution Ordering Improvement later in Minutes. ) G, CONSTRUCTION OF BRIDGE IN THE FOLLOVING: - - Mr. Hite explained Mr, Alfred Pavelka, 6001 County Road 818, I Over the Ilinneapolis, Northfield and Southern Railroad south of T.H. 9169-212 between Block 3, Grrand View Heights Addition and Block 8, Tingdale Bros. Brookside Addition 14r. Hyde presented total estimated assessable project cost at $55,277.40, basis of assessment which is to be de8ermined at the Assessment Hearing. He advised that a petition had been received for the project and that it ties in with the general Grandview improvement plans. of a portion of Brookside Avenue south of the bridge. bridge as proposed is 24' wide and will have a pedestrian sidewalk. Mr. Hmry Gustafson, one of the petitioners stated that he believes that it is important to have ingress and egress to the area east of the railroad tracks, Mr. Hite advised that a letter had been received from Mr. E. D. Brown stating that while he did not object to the bridge, he does not feel that his property receives any bene€it from its construction. bridge, subject to vacation of a portion of Brookside Avenue and on condition that necessary easements are obtained to assure public access from Arcadia and T.H. #l69- 212, was seconded by Trustee Courtney and carried. Trustee Johnson then offered the following resolution and moved its adoption: Construction of the bridge will call for a vacation Mr. Hite advised that the Trustee Johnson's motion for approval of the construction of the - RESOLUTION ORDERING WATERHAIN 1I.IPROVEMENTS NOS. 214 AND 215, .. STREET IMPROVEMENT NO. BA-109 AND BRIDGE NO. BR-2 BE IT RESOLVED by the 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 areas proposed to be assessed on the following proposed improvements : 1, CONSTRUCTION OF WATERNAIN AND APPURTENANCES IN THE FOLLOWING : 12" Wat ermain Mark Terrace Drive from west line of Braemar's Hill-A-Way Addition to Valley View Road Valley View Road from proposed Mark Terrace Drive (1000' south of Dakota Trail) to east line of County Road #18 County Road #18 from Hest Trail to Indian Hills Road Indian Hills Road from County Road #18 to Margaret's Lane Margaret's Lane from Indian Hills Road to Post Lane Post Lane from Margaret's Lane to Highway #169-212 Highway $169-212 from Post Lane to north line of County Road #62 61' -17atermain Post Lane from Margaretts Lane to cul-de-sac I. Indian Hills Road from Elargaret's Lane to 300' Vest of Arrowhead Pass Iroquois Trail from West Trail to Indian Hills Road Iroquois Circle and easement from 150' south of Mohawk Trail to Paiute Drive West Trail from Iroquois Trail to County Road #18 Samuel Road from County Road #18 to Sally Lane Sioux Trail from County .Road #18 to Sally Lane Sally Lane *from Valley View Road to north line of Ker-Nil Heights Pa?fite Drive from Sally Lane to Paiute Pass Paiute Circle from Paiute Drive to cul-de-sac Paiute Pass from Paiute Drive to Sally Lane Comanche Court County Road #18 from Valley ViewmRoad to West Trail FOLLOWING : Comache Court Zrom Valley View Road to cul-de-sac Sally Lane from Valley View Road to north line of Ker-Nil Heights Addition Paiute Pass from Sally Lane to Paiute Drive Paiute Drive from Paiute Pass to Sally Lane Paiute Circle from Paiute Drive to cul-de-sac 1roquois.Ci.rcle from south line of Indian Hills to cul-de-sac Sioux Trail from County Road #18 to Sally Lane Samuel Road from County Road #18 to Sally Lane $?est Trail from County Road #18 to Iroquois Trail 16i' I 2. CONSTRUCTION OF PERMANENT *STREET SURFACIllG AI?D CONCRETE CURB AND GUTTER IN THE . 4/3/67 57 I 3. 4. and has the 1 Indian Hills Road from County Road #18 to west line of Lot 3, Block 1, Margaret's Lane from Indian Hills Road to Post Lane Post Lane from Highway #169-212 to cul-de-sac Proposed Mark Terrace Drive from west line of Braemar's Hill-A-Way Addition Valley View Road from proposed Mark Terrace Drive to east line of County Road #18 County Road #18 from West Trail to Indian Hills Road Indian Hills Road from County Road #18'to Margaret's Lane Margaret's Lane from Indian Hills Road to Post Lane Post Lane from Margaret's Lane to Highway 8169-212 Highway #169-212 from Post Lane to North right-of-way line of County Road #62 CONSTRUCTION OF BRIDGE AND APPURTENANCES IN THE FOLLOWING : Over the Minneapolis, Northfield and Southern Railroad south of T.H. #169-212 McCauley Heights - Halla Replat CONSTRUCTION OF SUB-TRUNK WATERMAIN AND APPURTENANCES IN THE FOLLOWING: to Valley View Road between Block 3 Grand View Heights Addition and Block 8, Tingdale Bros. Brookside Addition at the hearing held at the time and place specified in said notice the Council duly considered the views of all persons interested, and being fully advised of pertinent facts does hereby determine to proceed with.the construction of said improvements including all proceedings for street vacation and proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvements; that said improvements are hereby designated and shall be referred to in all subsequent proceedings as follows : 03 43 No. 1 Above WATERMAIN IMPROVEMENT NO. 214 rc;9 No. 2 Above STREET IMPROVEMENT NO. BAL109 II;, No. 3 Above WATEF3IAIN IMPROVEMENT NO. 215 0 No. 4 Above BRIDGE IMPROVEMENT NO. BR-2 and the areas to be specially assessed therefore shall include: For Watermain No. 214 - Lots 7 thru 12 incl., Block 8, Lots 2 thru 6 incl., Block 9, and Lot 1, Block 10, in Indian Hills Addn. ; Lots 6 thru 13 incl., Block 1, Iroquois Hills Addn.; Lots 1, 2 and 3, Block 2, Iroquois Hills Addn.; Lots 1 thru 13 incl., Block 1, Iroquois Hills 2nd Addn. ; Lots 1 thru 6 incl., Block 2, Iroquois Hills 2nd Addn.; Lots 1 thru 16 incl., Block 1, Iroquois Hills 3rd Addn.; Lots 1 thru 8 incl., Block 1, and Outlot 2, Iroquois Hills 4th Addn. ; Lots 1 and 2, Block 1, Ker-Mil Heights; Lots 1 thru 8 incl., Block 2, Ker-Mil Heights; Lots 1 thru 13 incl., Block 3, Ker-Mil Heights; Lots 1 thru 7 incl. , Block 4, Ker-Mil Heights; Lots 1 and 2, Block 5, Ker-Mil Heights; Lots 1 thru 7 incl., Block 1, Sioux Trail Addn.; Lots 1 thru 7 incl., Block 2, Sioux Trail Addn.; Lots 1 thru 4 incl., Block 1, Sioux Trail 2nd Addn.; Lots 1 thru 9 incl., Block 2, Sioux Trail 2nd Addn.; Lots 1 thru 9 incl., Block 3, Sioux Trail 2nd Addn. ; Lots 1 thru 7 incl., Block 1, Sioux Trail 3rd Addn.; Lots 1 thru 9 incl., Block 2, and Outlots 1 and 2, Sioux Trail 3rd Addn.; Lots 1 thru 5 incl., Block 1, Iroquois Hills Addn. ; .Lot 2, Block 1, Dahlquist Addn. ; Lots 1, 3, 4 and 5, Block 1, and Outlot 2, Muir Woods Addn.; Lots 1, 2 and 3, Block 1, Naas Lake Side Addn.; Lots 1 thru 5 incl., Block 2, Naas Lake Side Addn.; Lot 5, Block 1, McCauley Heights 1st Addn. ; Lots 1 and 2, Block 1, McCauley Heights 2nd Addn.; Lots 1 and 2, Block 1, McCauley Heights, Halla Replat; Lot 6, Auditor's Subdivision #196; Part of Lot 7, Parcels #1610, 21625, #1720, $1730, Sec. 6, T. 116, R. 21, Auditor's Subdivision #196; North 262' of part of Lot 8, Parcel #1930 Sect 6, T. 116, R.-21, Auditor's Subdivision #196- Parc$l $1810; Sect $,-To 116; R: 21, [,uditor's Subdivis&m- #196; S: ?f ;N. 262' of .LFat:.4, Auditor's . -. Subdivision . #196 and ~~~tS~f,e~~tImdrovement No. BA-109 - A 1 lots and tracts of land abutting the 9 Auditor's -Subdivisien' 5196,' ' proposed permanent street surfacing and concrete curb and gutter improvements. For Watermain Improvement No. 215 - South half of district: on the West line of Sec. 7, T. 116, R. 21, 310 feet North of the S.W. corner of said Section; thence North along the West line of said Section and the West line of Section 6, T. 116, R. 21to the intersection with the West right-of-way line of County Road #18; thence South along the West right-of-way line of County Road #18 to the South line of Section 7, T. 116, R. 21; thence West along the South line of Sec. 7, T. 116, R. 21 a distance of 90 feet; thence NWly to point of beginning. thence East along the South line of said Lot a to the S.E. corner of said Lot A; thence South along the Sly extension of the East line of said Lot A to the North line of the E. 1/2 of the's. 1/5 of the W. 5/8 of the S.W. 1/4 Sec. 31, T. 117, R. 21; thence East along the North line of the said E. 1/2 of the S. 1/5 of the W. 5/8 of the S.W. 1/4 Sec. 31, T. 117, R. 21to the N.E. corner of said Parcel; thence South along the East line of said Parcel to the North right-of-way line of Hwy. #169-212; thence South along said right-of-way line to the North line of Roushar Road; thence West along the North line of Roushar Road to the proposed right-of-way line of nev7 County Road #18; thence NWly and Nly along the proposed right-of-way line of new County Road #18 to the point of beginning. For Bridge Improvement No. BR-2 - Assessment to be determined at Assessment Hearing. Commencing at a point North half of district: .Commencing at S.W. corner'of Lot A, R.L.S. #1145; h 5 8- 4/3/67 1 Motion for adoption of the resolution was seconded by Tsuste MacMillan and on :iod??as doDVed. \rollcall therewere four ayes and no nays ATTEST : H. C. HANSEN R-2 ZONING APPROVED FOR fLOCK 3, PARKWOOD KNOLLS 15TH ADDITION. Mr. Hite presented request of Mr, H. C. Hansen for rezoning of Lots I, 2, 3, 4, 5, 6 and 7, Block 3, Parkwood Knolls 15th Addition for zoning change from R-1 Single Family District to R-2 Residential District, advising Council that First Reading had been granted at the Regular Council Meeting of March 20, 1967. No comments + were .heard.from the audience and no protests had been received prior thereto, whereupon Trustrire HacElillan offered Ordinance No, 261-144 for Second Reading as follows: ORDINANCE NO. 261-144 AN ORDINANCE AMENDING ORDINANCE NO. 261 (ZONING ORDINANCE) OF THE VILLAGE OF EDINA ESTABLISHING AN ADDITIONAL R-2 HULTIPLE RESIDENCE DISTRICT -~ __ - THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, I-UNNESOTA, ORDAINS: Section 1. Paragraph 1, 14ultiple Residence Distgict Boundaries of Section 4 (Multiple Residence District) of Ordinance No, 261 of revised ordinances of the Village of Edina, is hereby amended by adding the following sub-paragraph: District R-2: lr(43): Lots 1, 2, 3, 4, 5, 6 and 7, Block 3, Pqrkwood Knolls 15th Addition" -. Section 2. This Ordinance shall be in full force and effect from and after its passage and publication according to law. .REPLAT OF PART OF BROADI4ORE ADDITION EASEMENT VACATION CONTINUED TO APRIL 17. Affidavits of Posting, Publication and Mailing were presented by Clerk, approved as to form and ordered placed on file. easements requested to be vacated in Replat of Part of Broadmore Addition had been for temporary ponding and recommended that action be deferred ktil April 17, 1967, in order that it could be determined that *the storm sewer in the area is functioning as intended. April 17, ,1967, was seconded by Trustee MacMillan and carried. PIONEER,OAKS EASEMENT VACATED. Drive was platted, the Village retsined a cul-de-sac at the south end of the road.' Now that Ihrk Terrace Drive ties into Braemar Hills, the .easement is no longer needed. Trustee 1.IacMillan then offered the following resolution and moved its adoptibn: Jlr. Hite advised that the purpose of Trustee Johnson's motion to continue the hearing to Mr. Hyde advised that at the time. blmk Terrace - ** RESOLUTION VACATING ROADWAY EASEMENT IN PIONEER OAKS WHEREAS, two week's published, posted and mailed notice of a Hearing to be held on April 3, 1967, at 7:OO Pbtl., on the proposed vacation of the roadway easement hearinafter described has been given and made, and a Hearing has been held thereon by the Village Council; Hennepin County, Hinnesota, that the following described easement in Pioneer Oaks Addition, as shown on recorded plat thereof, Hennepin County, tlinnesota, be apd is hereby vacated effective May 15, 1967, unless on or before said date this Resolution is amended, annulled or rescinded by the Village Council: The West 20 feet of Lot 6,.Block 1, Pioneer 0aks;sand $he East 20 feet of Lot 7, Block 2, Pioneer Oaks. I . NOW, THEREFORE, be it resolved by the Village Council of the Village of Edina, . rollcall there were four ayes and no nays 4/3/67 .I FRONT END LOADER BIDS AWARDED. Mr. Hyde presented tabulation of bids taken on ' .' March 31, 1967 at 11:OO A.M. in response to Advertisement for Bids in the 4a I'c7 u V Edina Courier on March 16, 1967, showing Armstrong Equipment low bidder at $3,790, and L. W. Brisson Equipment Sales, second low at $3,940, and LoDal, Inc., high bidder at $3,990. bidder, Armstrong Equipment Company, was seconded by Trustee .Courtney and carried. Trustee WacMillan's motion for award to recommended low ASSESSORS' MEETING TO BE ATTENDED BY TRGSTEE JOHNSON. Mr. Hyde advised Council of the forthcoming Annual Assessment Meeting on April 11, 1967, at 9:00 A.M. at the Hennepin County Court House, which requires the attendance of one Council member. Meeting was seconded by Trustee Courtney and carried. Trustee MacMillan's motion that Trustee Johnson represent Edina at the OILING PETITION for Code Avenue between Grove Street and Benton Avenue was accepted and ordered referred to the Department of Public Works for processing. SIOUX TMIL IV ADDITION FINAL PLAT APPROVAL CONTINUED. Trail IV Addition for final plat approval, subject to action of the Planning Mr. Hite presented Sioux Commission on April 5, 1967. plat which was previously approved by Council. lives on Sioux Trail advised that the developer, Mr. Joseph Ruzic, had not presented his building plans to neighboring property owners for approval as he had agreed. He further advised that the size of the lots is not consistent with other lots in the area, and questioned whether or not provisions have been made for the park area which had been proposed. Mr. Hite advised that the Park Board has authorized the development of Outlot 1 for park purposes. that the interested gentlemen attend the Planning Commission Meeting of April 5, 1967, at which the plat will be considered. the matter until April 17 was seconded by Trustee Courtney and carried. He stated that final plat conforms to the preliminary A gentleman in the .audience who Mr. Hite then suggested Trustee MacMillan's motion to continue PARKWOOD KNOLLS FIFTEENTH ADDITION GRANTED FINAL PLAT APPROVAL. Mr. Hite presented Parkwood Knolls Fifteenth Addition for final plat approval, subject to final action of the Planning Commission at its meeting of April 5, 1967. offered the following resolution, subject to Planning Commission approval, and moved its adoption: Trustee Johnson then RESOLUTION APPROVING PARKWOOD KNOLLS FIFTEENTH ADDITION BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Parkwood Knolls Fifteenth Addition" platted by Carl M. Hansen and presented at the meeting .of the Edina Village Council of April 3, 1967, be and is hereby approved. rollcall there were four ayes and no n JOHN B. BEAN LOT DIVISION APPROVED. has requested Council action authorizing the construction of a dwelling at 6505 Biscayne Boulevard in advance of platting, and advised further that the area involved will be included as a lot in the new plat of Parkwood Knolls 16th. ' Trustee Courtney then offered the following resolutiop and moved its adoption: Mr. Hite advised Council that an attorney RESOLUTION WHEREAS, Ruth Leslie Bean.is the owner 0f.a certain parcel of land in the - Village of Edina described as follows: The South 122.93 feet of the East 140 feet of that part of the Southwest Quarter of the Northeasy Quartemf Section 31, Township 117, Range 21, lying West of Parkwood Knolls 13th Addition and North of a line described as follows: corner of the Southeast Quarter in the Northwest Quarter; thence North at right angles 330 feet, thence East at right angles to the Southwest corner of Lot 1, Block 5, said Addition and there terminating, according to the Government Survey thereof; together with an easement for road purposes as shown in Deed Docmnt No. 868953, Files of the Registrar of Titles, and WHEREAS, said owner has requested approval of the Village of Edina of the conveyance and ownership of the above described land as a separate parcel, and WHEEAS, it has been determined that said tract of land as a separate parcel does not interfere with the provisions relating to subdivisions as contained in the Village of Edina Ordinance No. 261, Commencing at a point 120 feet West from the Southeast I 4/3/67 1 NOW, THEREFORE, it is hereby of Edina, that the conveyance and resolved by-the Village Council of the Village ownership of the above described tract of land as a separate parcel is hereby approved and the requirements and provisions of Ordinance No. 261 are hereby waived as-to said division and conveyance, subject, however, to the provision that no further subdivision be made ofthe above described tract of land 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 in these ordinances. I.( Motion for adoption of the resolution was rollcall there were four ayes and no nays LOT 9, BLOCK 2, LAKE PAIGLA ADDITION, EXCEPT THE EAST 5 FEET THEREOF DECLARED A BUILDABLE LOT. HI?. Hite advised Council that an attorney in making a search, has requested formal Council *action stating that Lot 9, Block 2, Lake Pamela Addition except the East 5 feet thereof is a buildable lot. of Village Attorney Whitlock, Trustee Courtney offered the,following resolution and moved its adoption: Subject to the approval RE S 0 L UnT I 0 N BE IT RESOLVED by the Village Council of the Village of Edina, Winnesota, that Lot 9, Block 2, Lake Pamela Addition, empt the East 5 feet thereof, is a buildable lot, notwithstanding the provisions of any Village ordinances governing and relating to the subdivision of lands. Hotion for adoption of the resolution was seconded by rollEall there were four ayes and no nays lillan and on ATTEST : Village Clerk ROBERT $1. WAGNER SUIT ANNOUNCED. filed suit against William J. walsh, Pol.ice Patrolman in the amount of $350.00 Mr. Hyde advised Council that Robert 1.5. Wagner has .for misdireciing traffic. and the Insurance Company. SOUTHDALE LIQUOR STORE TO REMAIN AT PRESENT LOCATION. Mr. Hyde recommended to Council that in view of the expense involved in moving to another location, he would suggest staying in the present Southdale location. Discussion ensued relative to the rent and other moving chars which would be involved, whereupon Trustee Johnson's motion that the Village reject the offereproposed by Dayton Development for the relocation of the Southdale Liquor Store as recommended by W. Hyde was seconded by Trustee MacMillan and carried. The matter has been referred to the Village Attorney 'IROQUOIS HILLS IV ADDITION SANITARY SEWER CONIECTION CHARGES TO BE. LEVIED. advised that at the time Sanitary Sewer C-2 was constructed, the adjacent property in the. Iroquois Hills area was unplatted, no connections were provided and no lateral assessment was made. owner has requested that the $750 connection charge be assessed over eight remaining years of the improvement. Trustee MacMillan's motion that an Assessment Hewing be conducted and connection charges levied against the property was seconded by Trustee Johnson and on rollcall there were four ayes and nosnays and the motion was carried. Mr. Hite The property will now be platted into 14 lots and the MORNINGSIDE AREA STORM SEWER DISCUSSED. MP. Hite reviewed the two previous proposals which had been recommended for storm sewer plans for the proposed Morningside area storm sewer. which are being considered and advised that it is tentatively planned to bring the matter to public hearing at the second meeting in Nay, with construction possibly to take place in the fall.of this year. be proposed that St. Louis Park pay approximately one-half of the construction cost. He described possible combination of the two plans Mr. Hite indicated that it will EMGIREERING STAFF COMMENDED. Mr. Drake, Village Engineer, Mr. Loftus and Wr. Obermeyer of the Engineering Department on the improvements which have been brought to hearing this spring. Mr. Hite acknowledged the outstanding work done by k?% 4/3/67 SCHOOL BUS GARAGE CORRECTIONS REFERRED TO BOARD OF APPEALS. the new Building Code which was adopted by reference would require a sprinkler system and more adequate air exchange for the school bus garage. He stated that neither Mr. Moser or Mr. McNellis feel strongly that the code should be strictly enforced on this matter because it just barely over the criteria, but that they hesitate to waive the matter administratively. the ordinance could be amended in general terms specifically for this building. The matter was then referred to the Board of Appeals for action. Mr. Hyde advised that Attorney Whitlock advised that MISS ELEANOR HEATH COMMENDED ON OUTSTANDING SERVICE TO EDINA LIBRARY. Upon being advised that Miss Eleanor Heath has been assigned to the headquarters staff of the County Library System, Trustee Johnson offered the following resolution and moved its adoption: RESOLUTION OF COMMENDATION TO MISS ELEANOR HEATH WHEREAS, Miss Eleanor Heath has served as Librarian %or the Edina Branch of WHEREAS, during these years she has been greatly admired and has given out- WHEREAS, Niss Eleanor Heath has been transferred to the Headquarters Staff NOW, THEREFORE, BE IT &SOLVED that the Village Council of the Village of the Hennepin County Library since-May 1, 1955, and ' standing'service to Library patrons, and of the County Library System, Edina, Minnesota, express to Miss Eleanor Heath the sincere appreciation of this Council and the citizenry of the Village as a whole for the outstanding devotion to duty with which Miss Eleanor Heath has served this community. ' Motion for adoption of the resolution w LINCOLN DRIVE IMPROVEMENTS HEARING DATE SET. Trustee Johnson offered the following resolution setting hearing date for Lincoln Drive sanitary sewer and watemnain as follows: Upon recommendation of Nr. Hite, st (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, BIINNESOTA NOTICE OF PUBLIC HEARING ON SANITARY SENER AM, WATERMAIN EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, April 17, 1967, at 7:OO P.N., to consider tk following proposed improvements to be con- structed under the authority granted by Hinnesota Statutes of 1961, Chapter 429. The approximate cost of said improvements are estimated by the Village as set forth below: A. CONSTRUCTION OF VILLAGE SANITARY SEWER AND APPURTENANCES ESTIMATED COST IN THE FOLLOWING: 1. Lincoln Drive from north line of Interlachen Hills $21,476.95 Addition to 843 feet south On an easement line 25 feet south of the south line of Interlachen Hills Addition from 245.5 feet west of the Center line of Lincoln Drive to Lincoln Drive B. CONSTRUCTION OF VILLAGE TJATERMAIH AND APPURTENANCES IN THE FOLLOWING : 1. Lincoln Drive from north line of Interlachen Hills 20,639 '57 Addition to 843 feet2 south On an easement line 15 feet south of the south line of Interlachen Hills Addition from 270 feet west of center line of Lincoln Drive to Lincoln Drive The area proposed to be assessed for the cost of the proposed sanitary sewer under A-1 above and watermain under B-1 above, includes Lot 1, Block 1, Interlachen Hills 2nd Addition. Florence B. Hallberg Village Clerk NOTE: BECAUSE 0 PAGE ATTACHED. 62. 4/3/67 TREASURER'S REPORT as of January 31, 1967, was presented by Mr. Dalen, reviewed and ordered placed on file by motion Trustee NacMillan, seconded by Trustee Courtney and carried. .. -, LIQUOR DISPENSORY FUND, COMPARATIVE STATEMENT OF INCOME AND EXPENSE was presented by Mr. Dalen, reviewed and ordered placed' on file by motion of Trustee Johnson, seconded by Trustee Courtney and carried. LIQUOR REPORT As OF JANUARY 31, 1967 placed on file by motion of Trustee Courtney, seconded by Trustee MacNillan and carried. was presented by Mr. Dalen, reviewed end ordered CLAIMS PAID, Motion of Trustee MacMillan was seconded by Trustee Courtney and carried for payment of the following Claims as per Pre-List dated April 3, 1967; General Fund, $35,795.91; Construction Fund, $121.28; Park, Park Construction, Golf, Course and Arena, $9,739.06; Water Fund, $483.51; Liquor Fund, $9,520.19; Sewer Rental Fund, $114.05; Total, $55,774.00; and for confirmation of the follov- ing Claims: 3/20/67 David Blood $135.00 General Funds 3/21/67 University of Minnesota 100 * 00 Misc. Funds 3/21/67 Minnesota Bearing Company 48.80 General Funds There being no further business, Trustee MacMillan's motion for adjournment was seconded by Trustee Johnson and carried. Adjournment at 10:30 P.M. 7hLAed3.L Village Clerk NOTE: BECAUSE OF AN OMISSION IN TRANSCRIPTION, THIS PAGE HAS BEEN RETYPED. ATTACHED PAGE. SEE 4/3/67 \. SCHOOL BUS GARAGE CORRECTIONS REFERRED TO BOARD OF APPEALS. the new Building Code which was adopted by reference would require a sprinkler system and more adequate air exchange for the school bus garage. He stated that neither Mr. Moser or Mr. McNellis feel strongly that the code should be strictly enforced on this matter because it/j?i& barely over the criteria, but that they hesitate to waive the matter administratively. the ordinance could be amended in general terms specifically for this building. The matter was then referred to the Board of Appeals for action. Mr. Hyde advised that Attorney Whitlock advised that MISS ELEANOR HEATH COMMENDED ON OUTSTANDING SERVICE TO EDINA LIBRARY. Upon being advised that Miss Eleanor Heath has been assigned to the headquarters staff of the County Library system, Trustee Johnson offered the following resolution and moved its adoption: RESOLUTION OF COMMENDATION TO MISS ELEANOR HEATH WHEREAS, Miss Eleanor Heath has served as Librarian for the Edina Branch of WHEREAS, during these years she has been greatly admired and has given out- WHEREAS, Miss Eleanor Heath has been transferred to the Headquarters Staff NOW, THEREFORE, BE IT RESOLVED that the Village Council of the Village of the Hennepin County Library since May 1, 1955, and standing service to Library patrons, and of the County Library System, Edina, Minnesota, express to Miss Eleanor Heath the sincere appreciation of this Council and the citizenry of the Village as a whole for the outstanding devotion to duty with which Miss Eleanor Heath has served this community.’ LINCOLN DRIVE IMPROVEMENTS HEARING DATE SET. Trustee Johnson offered the following resolution setting hearing date for Lincoln Drive sanitary sewer and watermain as follows: Upon recommendation of Mr. Hite, RESOLUTION PROVIDING FOR PUBLIC HEARING ON VILLAGE IMPROVEMENTS 1. The Village Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed Sanitary Sewer and Watermain 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 directed to be placed on file in the office of the Village Clerk. 2. This Council shall meet on Monday, April17, 1967 at 7:OO P.M. in the Edina Village Hall, to consider in public hearing the views of all persons interested in said improvements. 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: VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING ON SANITARY SEWER AND WATERMAIN 3. The Clerk is hereby authorized and directed to cause notice of the time, (Official Publication) EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, April 17, 1967, at 7:OO P.M., to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes of 1961, Chapter 429. approximate cost of said improvements are estimated by the Village as set forth below: ESTIMATED COST A. CONSTRUCTION OF VILLAGE SANITARY SEWER AND APPURTENANCES The IN THE FOLLOWING: 1. Lincoln Drive from north line of Interlachen Hills $21,476.95 Addition to 843 feet south On an easement line 25 feet south of the south line of Interlachen Hills Addition from 245.5 feet west of the Center line of Lincoln Drive to Lincoln Drive NOTE: BECAUSE OF AN OMISSION IN TRANSCRIPTION, THIS PAGE HAS ’ BEEN RETYPED. SEE ATTACHED PAGE. 4/3/67 ESTIMATED COST B. The A-1 2nd CONSTRUCTION OF VILLAGE WATERMAIN AM) APPURTENANCES IN THE FOLLOWING: I. Lincoln Drive from north line of Interlachen Hills $20,639.57 Addition to 843 feet f south On an easement line 15 feet south of the south line of Interlachen Hills Addition from 270 feet west of center line of Lincoln area proposed to be above and watermain Addition. Drive to Lincoln Drive assessed for the cost of the proposed sanitary sewer under under B-1 above, includes Lot 1, Block 1, Interlachen Hills Florence B . Hallberg Village Clerk Motion for adoption of the resolution was rollcall there were four ayes and no nays and ATTEST: d 2iLkq Village Clerk TREASURER'S REPORT as of January 31, 1967, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Trustee MacMillan, seconded by Trustee Courtney and carried. LIQUOR DISPENSORY FUND, COMPARATIVE STATEMENT OF INCOME AND EXPENSE was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Trustee Johnson, seconded by Trustee Courtney and carried. LIQUOR REPORT AS OF JANUARY 31, 1967, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Trustee Courtney, seconded by Trustee MacMillan and carried. CLAIMS PAID. Motion of Trustee MacMillan was seconded by Trustee Courtney and carried for payment of the following Claims as per Pre-List dated April 3, 1967; General Fund, $35,795.91; Construction Fund, $121.28; Park, Park Construction, Golf Course and Arena, $9,739.06; Water Fund, $483.51; Liquor Fund, $9,520.19; Sewer Rental Fund, $114.05; Total, '$55,774.00; and for confirmation of the follow- ing Claims: 4 3120167 David Blood $135.00 General Funds 3/21/67 University of Minnesota 100.00 Misc. Funds 3/21/67 Minnesota Bearing Company 48.80 General Funds There being no further business, Trustee MacNXllan's motion for adjournment was seconded by Trustee Johnson and carried. Adjournment at 10:30 P.M. bL- A & Village Clerk NOTE : BECAUSE OF AN OMISSION IN TRANSCRIPTION, THIS PAGE HAS BEEN RETYPED. SEE ATTACHED PAGE.