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HomeMy WebLinkAbout19670905_regularMINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL *,. - HELD AT THE EDINA VILTAGE HALL ON TUESDAY, SEPTEMBER 5, 1967 Members answering Rollcall were Trustees Courtney, MacMillan, VanValkenburg and Mayor Bredesen. MINUTES of the regular meeting of August 21, 1967, were approved by motion of Trustee VanValkenburg, seconded by Trustee Courtney and carried. .t. PROPOSED'BUDGET FOR 1968 PRESENTED. the budget for the succeeding calendar year be the first order of business at the first meeting in September, Mr. Hyde presented copies of the proposed Budget. Budget. In accordance with requirement of State Law that A special meet- . ing will be held Monday, September 11, at 5:OO p.m. for informal consideration of the PUBLIC HEARINGS CONDUCTED ON PROPOSED IMPROVEMENTS. and of Publication in the Edina Courier on August 24 and 31, 1967, were presented by Affidavits of Mailing on August 25, Clerk, approved as to form and ordered placed-on file. public hearings were conducted and action taken as hereinafter recorded: A. CONSTRUCTION OF SANITARY SEWER AND APPURTENANCES IN THE FOLLOWING: Pursuant to due notice given, W. 62nd Street from proposed lift station 650 feet West of Tracy Avenue to Olinger Blvd. extended South side of W. 62nd Street at Northwest corner of Countryside Park W. 62nd Street from 620' West of Tracy Ave. to 750' West to Olinger Blvd. extended; thence Northwesterly along Olinge; Blvd. extended to 125' South of the South Line of Edina Grove Addition. Mr. Hyde presented total B. C. CONSTRUCTION OF WATERMAIN AND APPURTENANCES IN THE FOLLOWING: CONS!lXUCTION OF LIFT STATION AND APPURTENANCES AT THE FOLLOWING LOCATION: Hearings were conducted concurrently on the above improvements. estimated cost of the 14. 62nd Street sanitary sewer at $16,181.16, proposed to be assessed against 18 assessable lots at an estimated cost of $898.95 per assessable lot. Station estimated cost was presented at $18,000.00, proposed be assessed against 18 assess- able lots at an estimated cost of $1,000 per assessable lot. estimated cost of the watermain at $21,245.78, proposed to be assessed against 16 assess- able lots at an estimated cost of $1,327.86 per assessable lot. if the improvements are authorized, it will be necessary to hold hearings on October 2, on street improvements to be done in conjunction with this work. in opposition to the above improvements and none had been received prior thereto. (See Resolution Ordering Improvement Later in Minutes.) D. ING : The lift Mr. Hyde presented the total Mr. Hite pointed out that I No persons appeared CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE FOLLOW- Josephine Avenue from W. 65th Street to W. 66th Street Wilryan Avenue from W. 65th Street to W. 66th Street. Mr. Hyde presented estimated construction cost at $24,259.97, proposed to be assessed against 2,395 assessable feet at an estimated cost of.$10.13 per assessable foot proposing that if authorized by Council, the surfacing would be installed during 1968. Mr. Hyde recalled to Council that Watermain 210 had been authorized on December 5, 1966, within these segments of Josephine and Wilryan Avenues, as well as in W. 66th Street between Josephine and Tingdale Avenues. permanent street surfacing on these same streets. On June 19, 1967, the Council author- ized permanent street surfacing on W. 66th Street. at least one of the private wells in the area to be served by the lateral watermain has gone dry and request has been made for installation of the watermain at this time. Mr. David H. Vaala, 6500 Josephine Avenue, urged that this improvement be authorized immed- iately because of the poor condition of existing streets. A. Emmel, 6525 Wilryan Avenue, Mr. Hite advised that there will be no duplication of work caused by conflict with State Highway Department plans for T. H. 100 improvements. Mr. Win C. Pederson, 6516 Normandale Road, stated that he had been advised by Mr. Peter Fausch, Assistant Traffic Engineer for the Minnesota Highway Department, that the highway design has been changed to that any work done at this time would have to be replaced after T. H. 100 has been completed. He referred to a partial petition requesting that the watermain be installed at this time but that the street surfacing be deferred until definite plans of the State Highway Department are known. changes which were made up to two weeks ago and that these revisions would have no effect on the proposed grade of the street between Josephine and Wilryan Avenues. . pointed out that if the highway construction work is to begin early in 1971 as planned, plans would have to be submitted to Council for approval prior to 1968. 6508 Normandale Road, urged that the improvement be postponed until Normandale Road plans had been finalized. Mrs. Gordon M. Gensch, 6504 Josephine Avenue, asked if there was some way by which trees along Josephine Avenue could be saved. it would be possible if property owners would grant easements. question concerning the width of the proposed street by saying that it might be possible This authorization was contingent upon the approval of The Village has now been advised that In reply to a question of Mr. C. I Mr. Hite pointed out that he is aware of He further Mrs, Naomi Fausch, She was advised by Mr. Hite that He further replied to a 9-5-67 for a 26 foot street to be constructed if parking could be restricted to one side o the street only. best for the majority of property owners and advised that every effort will be made to install the street without destroying the trees. He emphasized that the watermain could not be installed unless the street can be installed at a relatively early date. No fur- ther comments being heard, Trustee Courtney's motion for approval of the street improve- ment, contingent upon knowing final plans for T. H. 100 and making every effort to save the trees, even to constructing a 26 foot street, was seconded by Trustee MacMillan and carried, Mr. Hyde pointed out that this matter will be subject to review when the State Highway Department submits new plans for T. H. 100 to the Council, when the watermain is installed and when bids are awarded for the street improvement. Trustee Courtney then offered the following resolution and moved its adoption: Mayor Bredesen pointed out that the Village attempts to do what is RESOLUTION ORDERING SANITARY SEWER IMPROVEMENT 262, LIFT STATION 6;WATERMAIN NO. 223 AND STREET IMPROVEMENT BA-114 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 area proposed to be assessed on the following proposed improvements: 1. *CONSTRUCTION OF SANITARY SEWER AM) APPURTENANCES IN THE FOLLOWING: W. 62nd Street from proposed lift station 650 feet west of Tracy Avenue to Olinger Blvd. =tended 2. CONSTRUCTION OF VILLAGE LIFT STATION AND APPURTENANCES IN THE FOLLOWING LOCATICN: S.outh side of W, 62nd St. at Northwest corner of Countryside Park 3. CONSTRUCTION OF WATERMAIN AND APPURTENANCES IN THE FOLLOWING: W. 62nd Street from 620' West of Tracy Ave. to 750' West to Olinger Blvd. extended; thence northwesterly Josephine Ave. from W. 65th St. to W. 66th Street Wilryan Avenue from W. 65th Street to W. 66th Street 4. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCReTE CURB AND GUTTER IN: and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons interested and being fully advised of the per- tinent facts does hereby determine to proceed with the construction of said improvements including all 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: No. 1 above SANITARY SEWER IMPROVEMENT 262 No. 2.above LIFT STATION LS-6 No. 3 above WATERMAIN IMPROVEMENT 223 No. 4 above STREET IMPROVEMENT BA-114 and the area to be spscially assessed therefore shall include: FOR SANITARY SETmR 262 - Parcel 5010, Sec, 32, T.,117, R. 21; Parcels 810 and 1100, Sec. 5, T, 116, R. 21 FOR LIFT STATION LS-6 - Parcels 5010 and 5020, Sec. 32, T. 117, R. 21; Parcels 610, 810, and 1100, Sec, 5, T. 116, R. 21. Motion for adoption of the resolution was seconded bymtee MacMillan and on rollcall there were four ayes and no nays and the resoluti ATTEST: - 8, z?LzLLu Village Clerk - ORDINANCE NO. 261-149 GRANTED FIRST RBADING. Affidavits of Mailing and of Publication in the Edina Courier were presented by Clerk, approved as to form and ordered placed on file. Mr. Hite presented the request of Mr. Frank Cardarelle to rezone the area on the west side of County Road 18 from Valley View Road to South Village Limits from R-1 Resi- dential District to Planned Industrial District. C. Brown, Clerk of the Village of Eden Prairie, advising that the Eden Prairie Planning Board and Council have both expressed favorable reaction to the proposed rezoning. coments were heard from the audience, whereupon Trustee MacMillan offered Ordinance No. 261-149 for First Reading as follows, stipulating that Second Reading should be held on September 18. He presented a letter from Mr. James No ORDINANCE NO. 261-149 AN ORDINANCE AMENDING ORDINANCE N0.261 ' (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 (t) of said paragraph 2, the following subparagraph: 180., 9-5-67 1 "(u) Section 2. This Ordinance shall be in full force and effect from and after its Parcels 615 and 630, all in Section 7, Township 116, Range 21." passage and publication according to law. LOT 3, BLOCK 1, CLIFTON TERRACE ADDITION ZONING REQUEST CONTINUED, Affidavits of - Mailing and of Publication in the Edina Courier were presented by Clerk, approved as to form, and ordered placed on file. for rezoning of Lot 3, Block 1, Clifton Terrace Addition, from Residential District R-1 to Residential District R-2. He advised that Planning Commission has, on other occasions, considered a double bungalow to be the most appropriate use of this lot. The lot area is 12,375 square feet and is less than the 18,000 square feet required for R-2 lots. If the zoning is approved, the Board of Appeals would need to grant a lot area variance before a building permit could be issued. that it would be appropriate to ask the petitioner to face one of the units toward Brookview Avenue and one toward the Crosstown Highway. A letter had been received fromMr. J. G. Clark, 6300 Brookview Avenue, expressing opposition to the zoning change. Mr, Tom Dougherty, representing Mr. Bach, advised that the County owns a narrow strip of land between Mr. Bach's property and the Crosstown Highway Service Road over which Mr, Bach has requested an easement on to the Service Road. cated that this strip of land would give the appearance of a larger lot. erty advised that Mr. Bach had been unable to sell this property over the years, whereupon Mayor Bredesen noted that the property had never been priced at a single family figure. He further noted that he had viewed the property on severa1,occasions and could see nothing wrong with either use. Brookview Avenue, Mayor Bredesen advised that there is no way to prevent the petit- ioner from applying repeatedly for a zoning change. Mr. Donald Johnson, 6312 Brook- view Avenue, presented a petition signed by seventeen property owners protesting the proposed zoning, stating that property owners should have a right to the permanency and security that zoning laws should afford. the audience. Bach, whereupon Trustee VanValkenburg's motion to continue the hearing to September 18 was seconded by Trustee MacMillan and carried. Mr, Hite presented the request of Mr,-H. J. Bach I Mr. Hite suggested He indi- Mr. Dough- In reply to Mr. James Otto, 6324 No further comments were heard from Mayor Bredesen then suggested that plans should be submitted by Mr, SAM SCHNEIDER ZONING REQUEST:GRANTED FIRST READING. Publication in the Edina Courier were presented by Clerk, approved as to form and . ordered placed on file. zoning of property located at 6300 Xerxes Ave. S. from Residential District R-2 to Multiple Residence District R-4. presently occupied by an older home and, if zoning is approved, twelve units would be allowed by density requirements. Mr. Hite explained that R-3 zoning permits two stories whereas R-4 zoning permits up to four stories. building and that variances will be needed relative to setback and possibly for height. Trustee VanValkenburg then offered Ordinance No. 261-150 for First Reading with the stipulation that Second Reading be withheld pending action of the Board of Appeals relative to necessary variances and plan approval: ORDINANCE NO. 261-150 Affidavits of Mailing and of Mr. Hite presented petition of Mr. Samuel Schneider for re- I He advised that this 24,440 square foot site is In reply to a question of Trustee VanValkenburg, He advised that Mr. Schneider's plans call for a three story AN ORDINANCE AMENDING ORDINANCE NO. 261 ESTABLISHING ADDITIONAL R-4 (ZONING ORDINANCE) OF THE VILLAGE OF EDINA .I MULTIPLF: RESIDENCE DISTRICT Tm VILTAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 1, Multiple Residence District Boundaries, of Section 4 (Multiple Residence District) of Ordinance No, 261 or revised ordinances of the Vil- lage of Edina, as amended, is hereby further amended by adding the following sub- paragraph : District 8-4: "(25) Commencing at the Northeast corner of Lot 5 (5), Cassin's Outlots; thence South 130 feet; thence West 220 feet; thence North 130 feet; thence East 221-1/10 feet to beginning." Section 2. This Ordinance shall be in full force and effect from and I after its passage and publication according to law. SPECIAL ASSESSMENTS LEVIED ON NUMEROUS IMPROVEMENTS. Publication in the Edina Courier on August 17, 1967, were presented by Clerk, approved as to forn and ordered placed on file. Pursuant to due notice given, public hearings were conducted and action taken as hereinafter recorded: Affidavits of Mailing and of 1, STREET IMPROVEMENT BA-85 SPECIAL ASSESSMENT LEVIED. (Parnell Avenue from W. 60th Street to Valley View Road). Mr. Hyde presented Analysis of Assessment showing total construction cost at $6,565.77, proposed to be assessed over a period of ten years against 462.62 assessable feet at $11.67 per assessable foot, as against estimated cost of $16.00 per assessable foot. . No persons appeared to register objections and 9-5-67 none had been received prior thereto. Minutes . ) (See Resolution Ordering Assessment later in 2. STREET IMPROVEMENT A-164. (Idylwood Place from Idylwood Drive to Saxony Road) Mr. Hyde presented Analysis of Assessment showing total construction cost at $2,587.20, proposed to be assessed over a period of 5 years against 18,284 assessable feet at $14.15 per assessable foot, as against estimated cost of $15.93 per assessable foot. No.persons appeared to regAster objections and none had been received prior thereto. (See Resolution Ordering Assessment later in Minutes.) 3. STREET IMPROVEMENT BA-86. (Oxford Avenue from West 51st Street south to cul-de- sac. Hankerson Avenue from West 52nd Street to Interlachen Blvd.) Analysis of Assessment showing total construction cost at $26;926,42; proposed to be assessed over a period of ten years against 2936.36 assessable feet at $9.17 per assessable foot, as against estimated cost of $9.95 per assessable foot. No persons appeared to register objections and none had been received prior thereto. lution Ordering Assessment later in Minutes.) Mr. Hyde presented (See Reso- 4. Mr. Hyde presented Analysis of Assessment showing total construction cost at $13,210.50, proposed to be assessed over a period of ten years against 518.4 assessable feet at $8.86 per foot and against 113 lots at $64.50 per lot, $1,329.00 being assumed by the Village. Owners of lots 12 and 13, Block 8 and Lots 10 thru 14, Block 9, Brookside Heights, stated that they had been assessed for the street improvement on FJ. 52nd Street and were advised that their properties would be removed from the assessment roll. (See Resolution Ordering Improvement later in Minutes.) STREET IMPROVEMENT BA-88 (West 5lst Street from Oxford Avenue to Hankerson Avenue) Estimated cos$ had been presented at $8.86 per foot and $64.50 per lot. 5, STREET IMPROVEMENT BA-98 SPECIAL ASSESSMENT HEARING CONTINUED, from Westbrook Lane to center line of M,N.& S. R.R.) Mr. Hyde presented Analysis of Assessment showing total construction cost at $8,152.52, proposed to be assessed against 631 assessable feet at $12.92 as against estimated cost of $11.75 per assessable foot. proposed assessment because the original estimate had been figured against 701 feet. Mr. Ray Tharp, owner of the property at 5125 14. 49th Street, advised that while he considers his assessment for $646 fair for his 50 feet on IJ. 49th Street, he does not believe that he should be assessed for the property abutting on Pukwana Lane, which street has been abandoned but never vacated. Mr. Tharp further told of $1,380 in expenses incurred when the.State Highway Department changed the grade of T.H. 100 causing severe flooding to his property. Mr. Hite pointed out that occupants of Mr. Tharp's property use Pukwana Lane for access for their garage. the possibility of vacatgng Pukwana Lane. .He pointed out that if this action should be taken, the vacated street would then revert to Lot 7 and the proposed 75 feet assessment would be levied. It was noted that if this street vacation is made, the access to Mr. Tharp's garage could no longer be plowed by Village crews. Tharp asked for a continuation of the hearing in order to consider the vacation of Pukwana Lane. decided against the street vacation, this hearing could be continued in spite of the estimated 30~ increase in the-assessment. hearing be continued to September 18 was seconded by Trustee MacMillan and carried. (West 49th Street It was pointed out that the assessment rate was higher than the Mr. Hyde suggested 'I Mr. Village Attorney Whitlock advised that in the event Mr. Tharp Trustee Courtney's motion that the 6. STREET IMPROVEMENT BA-96 SPECIAL ASSESSMENT LEVIED. brook Lane westerly to east line of M.N. & s. R.R.) Assessment showing total construction cost at $4,665.46, proposed to be assessed against 457.8 assessable feet at $10.19 per assessable foot against estimated cost of $9.32 per assessable foot. Frank J. Tupa, Jr., advised that a uniform rate assessed against each property owner would be more equitable rather than using a front foot assessment basis. stated that benefits derived from the street improvement were.equa1 to all property owners regardless of lot size from a standpoint of.dust alleviation and increase in property valuation. been brought out that construction of curb and gutter would solve a drainage problem on the northerly side of Millpond Place and that perhaps a higher rate of assessment could be charged to those properties. Mr. Robert Hamilton, 5101Millpond Place, ad- vised that his garage faces Westbrook Lane and that he should be assessed for only one-third of his frontage, It was pointed out by Mr. Richard Yackle, 5117 Millpond Place, that property of Mr. Carl W. Sturm at 5104 Millpond Place serves a direct ' benefit from the improvement and that his assessment should be higher proportionately. Mr. Hite'pointed out that Mr. Sturm's property was assessed on a side street basis because he as well as Mr. Hamilton had been fully assessed for the Westbrook Lane (Millpond Place from West- Mr. Hyde presented Analysis of Mr. Edmund Montgomery, attorney representing Mr. He \ He further pointed out that at the Improvement Hearing it had j 182 9-5- 67 L street improvement. Mayor Bredesen noted that both the Hamilton and Sturm houses face so that no other dwellings can be constructed on their property. No further comments being heard, Trustee VanValkenburg moved that the proposed assessment be levied as consistent with the Village policy of assessingall street improvements. Motion was seconded by Trustee MacMillan and carried. essment later in Minutes.) (See Resolution Ordering Ass- 7. STREET IMPROVEMENT A-163 SPECIAL ASSESSMENT LEVIED. (William Avenue from West 51st Street to West 52nd Street) Mr. Hyde presented Analysis of Assessment showing total construction cost at $4,316.98, proposed to be assessed over a period of five years against 1,202.5 assessable feet at $3.59 per assessable foot, as against est- imated cost of $5.20 per assessable foot, none had been received prior thereto. (See Resolution Ordering Assessment later in Minutes. ) I No persons appeared to register'objections 8. STREET IMPROVEMENT BA-87 SPECIAL ASSESSMENT LEVIED. Ewing Avenue to Zenith Avenue) total construction cost at $27,484.41, proposed to be assessed over a ten year period against 1226.23 assessable feet at $9.67 per assessable foot and at $90.00 per lot as estimated. prior thereto. (West 62nd Street from Mr. Hyde presented Analysis of Assessment showing No persons appeared-to register objections and none had been received (See Resolution Ordering Assessment later in Minutes.) 9. wood Road to Division Street; Vandervork Avenue from Hollywood Raod to Division Street, Parkside Lane from Hollywood Road to Division Street, Rutledge Avenue from Brookside Avenue to Motor Street, West 48th Street from Bzookside Avenue to Rutledge Avenue, Division Street from Brookside Avenue to 175'. W st of Oxford Avenue, Motor Street from Brookside Avenue to Rutledge Avenue) Mr. fiyde presented Analysis of Assessment showing total construction cost at $85,261.75, proposed to be assessed as follows: Oxford Avenue from Hollywood Road to Division Street, Vandervork Avenue from Holly- wood Road to Division Street, Rutledge Avenue from Hollywood Road to Division Street, Parkside Lane from Hollywood Road to Division Street, over a ten-year period at $9.15 per foot, as against estimated cost of $1&.19 per foot, and All remaining streets except Rutledge Avenue from Brookside Avenue to Hollywood Road (which was not included in this assessment) at $10.15 per foot as against an estimated $12,49 per assessable foot. prior thereto. 10. STREET IMPROVEMENT BA-92 SPECIAL ASSESSMENT LEVIED. town Highway north to cul-de-sac) total construction cost at $5,093.66, proposed to be assessed over a period of ten years against 569.76 assessable feet at $8.94 per assessable foot, as against est- imated cost of $12.97 per assessable foot. and none had been received prior thereto. in Minutes.) STREET IMPROVEMENT BA-89 SPECIAL ASSESSMENT LEVIED. (Oxford Avenue from Holly- No persons appeared to register objections and none had been received (See Resolution Ordering Assessment later in Minutes.) (Miller's Lane from Cross- Mr. Hyde presented Analysis of Assessment showing No persons appeared to register objections (See Resolution Ordering Assessment later 11. STREET IMPROVEMENT BA-91 SPECIAL ASSESSMENT LEVIED. (Brookview Avenue from Crosstown Highway Service Drive to Valley View Road) Mr. Hyde presented Analysis of Assessment showing total construction cost at $14,382.23, proposed to be assessed over a ten year period against 1,839.16 assessable feet, at $8.93 per assessable foot, as against estimated cost of $7.82 per assessable foot. objections and none had been received prior thereto. ment later in Minutes.) No persons appeared to register (See Resolution Ordering Assess- 12. STREET IMPROVEMENT BA-93 SPECLAL ASSESSMENT LEVIED. (Continental Drive from Biscayne Blvd, to Stauder Circle, Malibu Drive from Biscayne Blvd, to Stauder Circle, Camelback Drive from Biscayne Blvd, to Stauder Circle, Biscayne Blvd. from Continental Drive to Camelback Drive, Biscayne Blvd. from Continental Drive to West line of Park- wood Knolls 13th Addition) Mr. Hyde presented Analysis of Assessment showing total construction cost at $34,678.83, proposed to be assessed over a period of ten years against 5,160.54 assessable feet at $6.72 per assessable feet, as against estimated cost of $7.69 per assessable foot. none had been received prior thereto. (See Resolution Ordering Assessment later in Minutes,) 13. STREET IMPROVEMENT BA-78 SPECIAL ASSESSMENT LENIED. (Tamarac Lane from Highway No. 169 northerly to cul-de-sac, Aspen Road from Walnut Drive easterly to east line of Lot 4, Block 3, Glaason 2nd Addition.) Mr. Hyde presented Analysis of Assessment showing total construction cost at $22,494.34, proposed to be assessed over a period of ten years against 31 assessable lots at $710.34 per lot, as against estimated cost of $999.28 per lot. received prior thereto. I No persons appeared to register objections and No persons appeared to register objections and none had been (See resolution Ordering Assessment later in Minutes.) I.. * \ 183 t 7' 9-5-67 14. STREET IMPROVEMENT BA-90 SPECIAL ASSESSMENT LEVIED. (Scrher Road from Blake Road to cul-de-sac) cost at $8,340.67, proposed to be assessed over a period of ten years against 968.72 assessable feet, at $8.61 per assessable foot, as against estimated cost of $11.21 per assessable foot. No persons appeared to register objections and none had been received prior thereto. (See Resolution Ordering Assessment later in Minutes.) Mr. Hyde presented Analysis of Assessment showing total construction. 21, STREET IMPROVEMENT (2-92 SPECIAL ASSESSMENT LEVIED. (Virginia Avenue from W. 65th St, to 431 feet South of West 65th St., Parnell Ave, from W. 65th St. to 300 feet South, West 65th St. from Parnell Ave. to Virginia Ave) Mr. Hyde presented Analysis of Assessment showing total construction cost at $7,915.55, proposed to be assessed over ten years against 1,858.11 assessable feet at $4.26 per assessable foot as against estimated cost at $7.73. No persons appeared to register objections and 15. STREET IMPROVEMENT BA-99 SPECIAL ASSESSMENT LEVIED. Drive to Tracy Avenue) Mr. Hyde presented Analysis of Assessment showing total construction cost at $7,002.42, proposed to be assessed over a period of ten years against 930 assessable feet at $7.53 per assessable foot, as against an estimated cost of $9.23 per assessable foot. No persons appeared to register objections and none had been received prior thereto. (Warden Avenue from Johnson (See Resolution Ordering Assessment later in Minutes.1 16, STREET IMPROVEMENT BA-79 SPECIAL ASSESSMENT LEVIED. (West 61st Street from Olinger Blvd. to Arbour Lane, Jeff Place from Olinger Blvd. to Arbour Lane, Olinger Blvd. from 150 feet, plus or minus, south of Jeff Place to 110 feet, plus or minus, north of West 61st Street, Arbour Avenue from Jeff Place to 200 feet north of West 61st Street) Mr. Hyde presented Analysis of Assessment showing total construction cost at $41,555.25, proposed to be assessed over a period'of ten years against 4843.27 ass- essable feet, at $8.58 per assessable foot, as against an estimated $10.26 per assess- able foot. thereto. 17. (Arbour Avenue from Grove Street souch to south line of Lot 6, Block 2, Clagramar 2nd Addition) Assessment was presented by Mr, Hyde showing total construction cost at $10,273.50, proposed to be assessed over a period of ten years against 1350 assessable feet at $7.61 per assessable foot as, against estimated cost of $8.14 per assessable foot. Quimby, 5808 Arbour Lane, requested provision of a clause which would assure property owners that any damage caused by heavy equipment presentlyhsing Arbour Lane for con- struction of Scenic View Addition would not be assessed qgainst property owners. Mr. Hite adviged that no damage has been detected and that none is anticipated. Mr. Quimby that any necessary road repair would be charged to General Funds or to J. A. Danens & Son. Mr. Quimby then asked why an obviously small home was permitted to be built in an area where other homes were considerably larger, Mayor Bredesen that the Village cannot legislate home values. Mr. George Vaux, 5805 Arbour Avenue, was given assurance by Mr. Hite that the apron of his driveway would be ye aired next season at the time the street surfacing is completed. Orderfng Assessment later in Minutes.) 18. STREET IMPROVEMENT BA-83 SPECIAL ASSESSMENT LEVIED. Road to cul-de-sac) struction cost at $7,947.80, proposed to b'e assessed over a period of ten years against four assessable lots at $1,986.98 per lot, as against an estimated cost of $1,869.81 per assessable lot. ceived prior thereto. No persons appeared to gegister objections and none had been received prior (See Resolution Ordering Assessment later in Minutes.) STkEET IMPROVEMENT BA-84 SPECIAL ASSESSMENT LEVIED. Tabulation of Mr. Arthur He assured He was advised by (See Resolution (Eden Circle from Sherwood Mr. Hyde presented Analysis of Assessment showing total con- No persons appeared to register objections and none had been re- (See Resolution Ordering Assessment later in Minutes.) 19. STREET IMPROVEMENT BA-82 SPECIAL ASSESSMENT LEVIED. Road to Schey Drive) struction cost at $13,180.45, proposed to be assessed over a period of ten years against 1759.39 assessable feet at $7.50 per assessable foot, as against anestimated cost of $9.23 per assessable foot. been received prior thereto. (Gleason Road from Dewey Hill Mr. Hyde presented.Analysis of Assessment showing total con- No persons appeared to register objections and none had (See Resolution Ordering Assessment later in Minutes.) 20. STREET IMPROVEMENTS BA-80, BA-81 and BA-95 SPECIAL ASSESSMENTS LEVIED. (W. 64th St. from Valley View-Road to Doran Drive, W. 64th St. from Limerick Lane to Limerick Drive, Doran Lane from W. 65th St. to W. 64th St., Limerick Lane from W. 64th St. to south line of Edina Valley Estates 2nd Addition, Limerick Lane from W. 65th St. to W. 64th St., Creek Drive from W. 65th St. to Limerick Drive, Ridgeview Lane from Ridgeview Drive to cul-de-sac, Ridgeview Drive from W. 63rd St. to W. 65th St., Whit- ing Ave. from Northfield Ave. to Holborn Ave., Northfield Ave. from W. 64th St. to Whiting Ave., Holborn Ave. from W. 64th St. to Wiithg Ave., W. 63rd St. from Ridge- view Drive to Wyman Ave., West 64th St. from Northfield Ave. to Holborn Ave., W. 65th St. fr0mM.N. & S. Railroad to Valley View Road, Ridgeview Ave. from W. 66th St. to M.N. & S. Railroad. ) Mr. Hyde presented Analysis of Assessment showing total con- struction cost at $129,683.88, proposed to be assessed over a ten year period against 16,933.92 assessable feet at $7.50 per assessable foot as against estimated cost $7.88 per assessable foot. been received prior thereto. of (See Resolution Ordering Assessment later in Minutes.) No persons appeared to register objections and none had 184, 9/5/67 / none had been received prior thereto, Minutes. ) (See Resolution Ordering Bssesment later in 22. LATERAL WATERMAIN 208;SPECIAL ASSESSMENT LEVIED. (Parklawn Avenue from France Ave. to 650 feet west) construction cost at $7,418.22, proposed to b’e assessed over ten years against 228,253 assessable square feet at $0.0325 per square foot, advising that this improvement had been ordered on 100% petition, Mr. Hyde presented Tabulation of Assessment showing total $See Resolution Ordering assessment later in Minutes.) 23. WATERMAIN IMPROVEMENT 213 SPECIAL ASSESSMENT LEVIED. Dewey Hill Road to 975 feet north) Mr. Hyde presented Analysis of Assessment showing total construction cost at $10,012.43, proposed to be assessed against 852,122 asses- sable square feet over a period of ten years at a cost of $0.01175 per assessable square foot, advising that this improvement had been ordered on 100% petition. persons appeared to register objections and nond had been received prior thereto. (See Resolution ordering Assessment later in Minutes.) (Bush Lake Road from D No 24. SANITARY SEWER IMPROVEMENT 242 SPECIAL ASSESSMENT LEVIED. (Rolling Green Park- way from existing manhole on Annaway Drive to 950 feet south, Crescent Terrace from RollLng Green Parkway to 328 feet, plus or minus, west) Mr. Hyde presented Analysis of Assessment showing total construction cost at $30,758.00, proposed to be assessed over ten years against ten assessable lots at $3,075.80 per lot as against estimated cost of $4,063.92 per assessable lot. and none had been received prior thereto. (See Resolution Ordering Assessment later in Minutes.) 25. Dewey Hill Road to 975 feet, more or less, north) Mr, Hyde presented Analysis of Assessment showing total construction cost at $7,498.68, proposed to be assessed over ten years against 852,122 assessable square feet at $0.0088 per assessable squaze foot, advising that this improvement had been ordered on 100% petition. were present to register objections and none had been received prior thereto. Resolution Ordering Assessment Later in Minutes.) No persons were present to register objections SANITARY SElJER LATERAL NO. 254 SPECIAL ASSESSMENT LEVIED. (Bush Lake Road from . No persons (See c 26. STORM SEWER IMPROVEMENT 82 SPECIAL ASSESSMENT LEVIED. (Drew Avenue from W. 66th Street to I?. 65th Street, W. 65th Street from Drew Ave. to 400 feet east) Mr. Hyde presented Analysis of Assessment, showing total construction cost at $22,024.49, proposed to be assessed over ten years against 265,355 square feet at $0.083 per assessable square foot as against estimated cost of $0.0774 per square foot. No persons were present to register objections and none had been received prior thereto. (See Resolution Ordering Assessment later in Minutes.) 27, Mr, Hyde showing total assessable cost of $5,877.92, proposed to be assessed against 1967 STREET OILING ASSESSMENT LEVIED. Tabulation of Assessment was presented by 17,288 assessable feet at 34~ per foot. none had been received prior thereto, whereupon Trustee VanValkenburg offered the following resolution and moved its adoption: No protests were heard from the audience and RESOLUTION ADOPTING AND CONFIRMING SPECIAL ASSESSMENTS STREET IMPROVEMENTS BA-85, A~164, BA-86, BA-88, BA-96, .I -9 A-163, BA-87, BA-89, BA-92, BA-91, BA-78, BA-90, BA-99, BA-79, BA-84, BA-83, BA-82, BA-80, BA-81, BA-95, C-92, BA-93, WATERMAIN IMPROVEMENTS 208 AND 213, SANITARY SEWER IMPROVEMENTS 242 AND 254 AND STORM SEWER 82 BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows: 1. assessment rolls for the improvements hereinafter referred to, and at such hearings held on Tuesday, September 5, 1967, has considered all oral and written objections presented against the levy of such assessments. 2, EacEi of the assessments as set forth in the assessment rolls on file in the office of the Village Clerk for Street Improvements BA-85, A-164, BA-86, BA-88, BA-83, BA-82, BA-80, BA-81, BA-95, C-92, IJatermain Improvements 208 and 213, Sani- tary Sewer Improvements 242 and 254 and Storm Sewer 82 does not exceed the local benefits conferred by said improvements upon the lot, tract or parcel of.land to be assessed, and all of said assessments are hereby adopted and confirmed as the . . proper assessments on account of said respective improvements to be spread against the benefited lots, parcels and tracts of land described therein. 3. The assessments shall be payable in equal annual installments, the first of said installments, together with interest at the rate of 5% per annum OR the entire assessment from the date hereof to December 31, 1968, to be payable with the general taxes for the year 1967. Street Improvements Nos. BA-85, BA-86, BA-88, BA-96, BA-87, BA-89, BA-92, BA-91, LEVIED ON ACCOUNT OF - The ViPlage has given notice of hearings as required by law on the proposed BA-96, A-163, BA-87, BA-89, BA-92, BA-91, BA-93, BA-78, BA-90, BA-99, BA-79, BA-84, The number of such annual installments shall be as follows: BA-93, BA-78, BA-90, BA-99, BA-79, BA-84, BA-83, BA-82, BA-80, BA-81, BA-93, C-92, 9/5/67 Watermain 208 and 213, Sanitary Sewers 242 and 254 and Storm Sewer 82 ten installments, and Street Improvements A-164 and A-163 five installments. 4. The Village Clerk shall prepare and transmit to the County Auditor a copy of this resolution and a certified duplicate of said assessments, with each then unpaid installment and interest set forth separately to be extended on the tax lists of the County in accordance with this resolution. 5, The Clerk shall also mail notice of any special assessments which may be pay- able by a county, by a municipal subdivision or by the owner of any right of way as required by Minnesota Statutes, Section 429.061, Subdivision 4, and if any such assess- ment is not paid in a single installment, the Village Treasurer shall arange for collection thereof in installments, as set forth in said section. Motion for adoption of the resolution was seconded there were four ayes and no nays and the resolutio ' tee MacMillan and on rollcall I ATTEST: I Village Clerk PORTION OF DORAN DRIVE VACATED. Affidavits of Publication in the Edina Courier and of Mailing were presented by Clerk, approved as to form and ordered placed on file. to due notice given, publis hearing was conducted upon requests of Mr. R. C. Bach, 5620 a Doran Drive and Mr. William R. Whiting, 5616yDoran Drive. '4$ heard, Trustee Courtney offered the following resolution and moved its adoption: 8 DORAN DRIVE 8 WHEREAS, two weeks' published; posted and mailed notice of a Hearing to be held on Sept- Pursuant No objections or comments being RESOLUTION VACATING A PORTION OF ember 5, 1967, ae 7:OO p.m., on the proposed street vacation hereinafter described has been given and made and a Hearing has been held thereon by the Village Council: NOW, THEREFORE, be it resolved by the Village Council of the Village of Edina, Hennepin County, Minnesota, that the following described portion of Doran Drive, all as platted and of record in the office of the Register of Deeds in and for Hennepin County, Minne- sota, be-and is hereby vacated, effective October 3, 1967, unless on or before said date this resolution is amended, annulled or rescinded by the Village Council: That portion of Doran Drive lying northerly and northwesterly of a circle with a radius of forty-five feet (45') and a center point located forty-five feet (45') east of the west line of Doran Drive and seventy feet (70') south of the easterly extension of the north line of Lot 1, Block 1, Bach's Addition. I- i Motion for adoption of the resolution was seconded by Trustee MacMillan and on rollcall there were four ayes and no nays and the resolution 1. ATTEST: 4- x2LYAJ4, 71- Village Clerk LAGUNA DRIVE STJGET VACATION HEARING CONTINUED TO SEPTEMBER 18. Affidavits of Publi- cation in the Edina Courier and of Mailing were presented by Clerk, approved as to form and ordered placed on file. Pursuant to due notice given, Public Hearing was conducted and action taken as hereinafter recorded. July, 1956, Council had vacated the portion of Laguna Drive lying between Wooddale -Avenue and the east line of Crescent Hil1.s Addition by a resolution which has been declared invalid. roadway Basement along the vacated street to Mr. Richard Crist, 6717 Point Drive. Crists subsequently completed living quarters for their son in the lower level of their home and used the roadway so as to make access available to these quarters from Laguna Drive. is necessary to cross his property for access to park property and to the lake. Mrs. L. W. Haling, 4429 Laguna Drive, advised t+at use of this area as a roadway has created a muddy and unsighdy condition and that sEie has objected to this use. She also noted that the Crist's property is not zoned for dguble dwellings. President of the Creston Hills Homeowners Association spoke in favor,of Mrs. Haling's request that the street be properly vacated and that the easement granted the Crists be rescinded. Mr. Hyde pointed out that if the street is vacated, Mr. Crist will legally be able to close access to the park area. matter be continued until September 18 in order that recommendations may be heard from the Park Board was seconded by Trustee VanValkenburg and carried. Mr. Hyde advised Council that in The Director of Parks for the Village at that time then granted a The Mr. Crist pointed out that his property extends to the lake and that it Mr. Arthur E. Sloan, Trustee,Courtney's motion th'at the LOT 4, AUDITOR'S SUBDIVISION 325 DIVISION APPROVED. Mr. Hite presented petition of Senator Alf L. Bergerud for division of Lot 4, Auditor's Subdivision 325. Mr. Hite advised that the new lot will conform to ordinance requirements but pointed out for the record that petitioner should be aware that approval of this division will neces- sitate serious consideration of sanitary sewer for this area within the next two years. 9/5/67 Subject to a proval of Planning Commission on September 13, 1967, Trustee MacMillan offered the ? ollowing resolution and moved its adoption: - RESOLUTION WREREAS, Alf L. Bergerud is the owner of a certain parcel of land in the Village of Edina 'ifescribed as follows: All that part of Lot 4, Aiiditor's Subdivision No. 325 lying souther.ly of a line drawn from a pobt on the East line of said Lot 4, distant 120 feet northerly, as measured along said east line from the southeast corner of said lot, to a point on the west line of said lot, distant 120 feet northerly, as measured along said west line, from the south- west corner of said lot, according to the recorded plat thereof; 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 WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regu- lations of the Village of Edina will create an unnecessary hardship and said tract of land as a separate parcel does not interfere with the purpose of the Subdivision and Zoning Regulations as contained in the Village of Edina Ordinance Numbers 261 and 263-A; NOW, THEREFORE, it.is hereby resolved by the Village Council of the Village of Edina that the conveyance and ownership of the above described tract of land as a separate parcel is hereby approved and the requirements and provisions of Ordinance Nos. 261 and 263-A are hereby waived as to said division and conveyance, subject, however, to the provision that no further subdivision be made of the above described tract of land unless made in compliance with the pertioent ordinances of the Village of Edina or with the prior approval of this Council as may be provided for by these ordinances. Motion for adoption of the resolution was seconde Trustee VanValkenburg and on rollcall there were four ayes and no nays a W ATTEST: Mayor' I Village Clerk EDINA INTERCHANGE CENTER SECOND ADDITION FIRST REPLAT GRANTED FINAL PLAT APPROVAL. Affidavits of Mailing and of Publication in the Edina Courier were presented by Clerk, approved as to form and ordered placed on file. Center Second Addition First Replat for final plat approval as recommended by Planning Commission. resolution and moved its adoption: Mr. Hite presented-Edina Interchange No comments being heard, Trustee MacMillan then offered the following RESOLUTION APPROVING FINAL PLAT OF EDINA INTERCHANGE CENTER SECOND ADDITION FIRST REPLAT BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Edina Interchange Center Second Addition First Replat", platted by Antonio Bernardi and presented at the Meeting of the Village Council of September 5, 1967, be and is hereby approved. Motion for adoption of the resolution was seconded by Trustee VanValkenburg and on rollcall there were four and no nays and the resolution was adopted. # .- -- ATTEST: Mayor 1' Village Clerk LOTS 13, 14 AND 15, BLOCK 7, BROOKSIDE HEIGHTS ADDITION TO BE RETURNED TO THE STATE PFO- VIDED EASEMENTS ARE GRANTED. Parlik to purchase Lots 13, 14 and 15, Block 7, Brookside Heights Addition, which had been acquired by the Village through tax forfeiture for drainage purposes. recommended return of these lots to the State of Minnesota provided Mr. Pavlik agrees to grant desired drainage easements to the Village, whereupon Trustee Courtney offered the following resolution and moved its adoption: Mr. Hyde advised Council of a request of Mr. Jack H. Mr. Hite I RESOLUTION WHEREAS, Lots 13, 14 and 15, Block 7, Brookside Heights Addition have been included on the "List of Tax Forfeited Land No. 641-C11, and WIiEREAS, these lots have been acquired by the Village of Edina for drainage purposes, NOW, THEREFORE, BE IT RESOLVED that the Mayor and Clerk of this Village are hereby authorized and directed to convey the property listed above back to the State of Minn- esota for re≤provided however, that drainage easements be retained by .the Village and said officials shall execute such conveyance herewith, in form approved by the Attorney General. Motion for adoption of the resolution was seconded b Trustee VanValkenburg and on roll- call there were four ayes and no nays and the re d ution was ad &@fGLL+( ATTEST: Mayor V' /&L&L.&d. %LuL&-4 Village Clerk 9/5/67 ) '18% CAT CONTROL ORDINANCE REQUESTED. Letter requesting Council to enact an ordinance for control of cats was received fromMrs. L. G. Rushing, 5845 St. Johns Avenue. Mr. Hyde advised that he has checked with other municipalities and found that the few who have ordinances on cat control have difficulty enforcing the ordinance. Bredesen stated that while he believes that.cats are as much a nuisance as dogs, it is impractical to catch a cat and would, therefore, not favor an ordinance which could not be enforced. No action was taken. Mayor PETITIONS RECEIVED. burg and carried, the following petitions were received and ordered referred to the Upon motion of Trustee Courtney, seconded by Trustee VanValken- Engineering Department for processing : 1. Sanitary Sewer in extension of proposed sewer on W. 62nd Street between Tracy Ave. and Government Lot 1 to include the East 25 feet of Government Lot 1 Permanent Street Surfacing and Concrete Curb and Gutter in Scenic View I and I1 Additions (to be assessed on a per lot basis) 58th Street to W. 59th Street - 2, 3. Storm Sewer in Alley between Beard Ave. S. and Abbott Ave. S. from W. GLEESON PROPERTY ALONG' NORTH SIDE OF CROSSTOWN HIGHWAY CONVEYED TO HENNEPIN COUNTY. Upon recommendation of Mr. Hite, Trustee VanValkenburg's motion approving conveyance by Quit Claim Deed to Hennepin County a portion of Lot 24, Auditor's Subdivision No. 196, which is located along the north side of the Crosstown Highway and owned by the Gleeson family was seconded by Trustee.Courtney and carried. ASSESSMENT POLICY FOR IMPROVEMENT REPLACEMENTS DISCUSSED. lation of results of the questionnaire sent to various municipalities relative to their approaches to the problem of improvement replacement assessment. showed a variety of methods of assessments, it was noted that sidewalk improvement replacements were almost always fully assessed against the property, watermain improve- ments were in most cases paid from general and utility funds as were approximately 2/3 of the sanitary sewer improvements. consider curb and gutter as part.of the permanent street with varying degrees of ass- essment division being used between property owners and the municipality. pointed out ,that there is a trend in larger cities towards non-assessed replacements where some costs are paid by Federal and State Aids. Following considerable discus- sion Trustee VanValkenburg suggested that if an improvement: had been improperly con- structed, replacement should come from general funds, that sidewalks should be com- pletely assessed against the property and that one-half of the costs of curb and gutter, water, sanitary sewer and street improvements should be assessed against the property and one-half should be paid from General Funds. minimum standard streets was also raised and the possibility of giving credit for the amount originally assessed was discussed. Discussion then ensued as to assessment of ornamental street lighting. It was noted that the ornamental street lights which are now being installed in all new subdivisions served by underground wiring are install- ed, owned and serviced by Northern States Power at an additional cost of $12.00 per year, per light post. Because Northern States Power Company is considering the poss- ibility of replacing existing light posts in established areas with ornamental lights, it was suggested that Village officials meet Qith officials of Northern States Power to find out if the company would buy back the ornamental lighting system from the Village if the Country Club area ornamental street lights should be authorized. decided that public hearing on ornamental street lighting in the Country Club area should be postponed until 1968 unless Northern States Power would agree to buy the system. Consensus of opinion was that it would be necessary to consider assessment of replacement of each street in the Morningside area on an individual basis. was then determined that Trustee VanValkenburg and Village Attorney Whitlock should draw up guide lines for the improvement replacement policy which would be submitted to the Council for its further consideration. Mr. Cote presented a tabu- While the tabulation Mr. Cotelpointed out that most municipalities Mr.- Hite The question of replacing It was It TOWN TAXI COMPANY GRANTED LICENSES FOR EIGHT ADDITIONAL TAXI CABS. Mr. H. C. Bier- brauer, President of Town Taxi Company, requested approval of Council to operate eight additional cabs in the Village if warranted by additional business. Being ad- Trustee VanValkenburg's motion authorizing an additional eight taxi cabs when and if warranted was seconded by Trustee Courtney and carried. -vised by Mr. Hyde that no complaints had been received relative to Town Taxi Company, VEHICLE PARKING ORDINANCE 261-152 HEARING DATE SET FOR SEPTEMBER 18 by motion of Trustee MacMillan, seconded by Trustee Courtney and carried. LIBRARY CONSTRUCTION ASSISTANCE GRANT APPLICATION REVISED. Mr. Hyde advised Council that at'the time the construction assistance grant for the new Edina Library was sub- Upon being advised that rates for the Federal grants are now available in the amount of $9.00 per square foot, Trustee VanValkenburg offered the following resolution and moved its adoption: , I * mitted, the Village had received assistance ah the rate of $7.00 per square foot. 188 ' J 9-5-67 _._. -_ I , - - --- ~ -.., mSOLUzION-. ,.-.-.. _.._ -.-. __ - - - *. .. f ---1 WHEREAS, the Village of Edina has been granted-the sum of $122,700 of Federal WHEREAS, said grant was based upon a grant formula establi.shed by the Library I - funds under Title I1 of the Library.Services and Construction Act, and Division of the Minnesota Department of Education which provided $7.00 of grant for each and every square foot of proposed library building floor area, and W€EREAS, none of the funds granted to the Edina Library has as yet been expen- did, and WHEREAS, the grant formula has now been revised by increasing the grant rate NOW, THEREFORF, BE IT RESOLVED by the Village Council of the'village of Edina that the Library Division of the Minnesota Department of Education bkcteqbested -to, . adjfist the1amount of.funds to be granted to the Village of Edina Library, so that such grant reflects the grant formula in effect at the time the funds are wholly expended. Motion 'for adoption of the resolution was seco call there were four ayes and no nays and the -per square foot to $9.00, ATTEST: *dL b- 72&uLL+ ' Village Clerk SUNDAY CLOSING ORDINANCE AMENDMENT ABANDONED. Closing Ordinance No. 183 was presented as drawn by the Village Attorney. An ordinance amending the Sunday No - action-was taken on the macter-because the constitutionality of the State Statute on Sunday Closing is being questioned in some municipalities. ORDINANCE NO. 2-1 ADOPTED. Mr. Hyde presented Ordinance No. 2-1 which brings the Park Board membership to nine members in addition to a member to be appointed by the School Board. No. 2-1 and moved its adoption as follows: Waiving Second Reading, Trustee VanValkenburg offered Ordinance' 6 ORDINANCE NO. 2-1 AN ORDINANCE AMENDING ORDINANCE NO. 2 . AS TO MEMBERS OF THE PARK BOARD THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA. MINNESOTA, ORDAINS: Section 1. "Sec. 2. Membership. The Board shall consist of nine residents of the Village Section 2 of Ordinance No. 2 of the Village is hereby amended to read as follows: appointed by the Mayor with the consent of a majority of the members of the Village Council, and another resident who is also a member of the School Board of Independ- ent School District No. 273 and is appointed by the School Board. Members of the Board who are appointed by the Mayor and Council shall be appointed in January of each year to serve for three years beginning on the 1st day of February in the same year,_and the terms of such members shall be staggered so that the tehs of three members shall expire each year. Board shall serve at the pleasure of that Board, and shall not have a vote,'* Every member shall bkhre- entering upon the discharge of his duties take an oath that he will faithfully discharge -the duties of his off ice."(*Corrected 9/18/67) passage and publication. Motion for adoption of the resolution was seconded by mstee MacMillan and on roll- The member of the Board appointed by the School Sec. 2. This ordinance shall be in full force and effect immediately upon its call there were four ayes and no nays and the re ATFST: Mayor E Village Clerk hA-u/+L ts LAa, ORDINANCE NO. 264-1 ADOPTED. Mr. Hyde presented Ordinance No. 264-l which brings the Planning Commission membership to seven members, one of whom shall be a member of the Park Board, with an eighth member to be appointed by the School Board. ing Second Reading, Trustee VanValkenburg offered Ordinance No. 264-1 and moved its adoption as follows : Waiv- ORDINANCE NO. 264-1 AN ORDINANCE AMENDING ORDINANCE NO. 264 AS TO MEMBERS'OF THE PLANNING COMHISSION THE VILLAGE COUNCIL'OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. "Sec. 2. Membership. The Commission shall consist of seven residents of the Section.2 of Qrdinance No. 264 of the Village is hereby amended to read as follows: Village appointed by the Mayor with the consent of a majority of the members of the Village Council, one of whom shall be a member of the Park Board. An eighth member, e 9/5/67 who shall be a resident of the Village and also a member of the School Board of Independent School District No.,273, shall be appointed by the School Board. of the Board who are appointed by the Mayor and Council shall be appointed in January of each year to serve for three years beginning on the 1st day of February in the same year, and the terms of such members shal1,be staggered so that the terms of two members shall expire in each year. The member of the Board appointed by the School Board shall serve at the pleasure of that Board, and shall not have a vote except as needed for a quorum. an oath that he will faithfully discharge the duties of his office." passage and publication. Motion for adoption of the ordinance was seconded there were four ayes and no nays and the cedinance Members Every member shall before taking office take Sec. 2. This ordinance shall be in full force and effect immediately upon its tee MacMillan and on rollcall ATTEST: ---2L dd z5Ltz&eAAr Village Clerk ORDINANCE NO. 51B-7 ADOPTED AT,SECOND READING. 51B-7 which establishes a Board of Appeals and Plan Checking Fees which are to be Mr. Hyde presented Ordinance No. set by Council action as recommended by the Building Inspector, Mr. Moser. MacMillan then offered Ordinance No. 51B-7 for Second Reading and moved its adoption as follows: Trustee m Th u3 0 u u ORDINANCE NO. 51B-7 AN ORDINANCE AMENDING ORDINANCE NO. 51B (BUILDING CODE) AS TO PLAN-CHECKING FEES AND A BOARD OF APPEALS THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: as amended, is hereby amended to read as follows: orated herein by reference, as an ordinance of the Village of Edina, the documents entitled 'Uniform Building Code, 1964 Edition, Volume I, ' and "Uniform Building Code (Standards), 1964 Edition, Volume 111,' both published by the International Conference of Building Officials, including the Appendix but excluding Sections 203 and 204 of the main body of said Code." and a new paragraph (d) is enacted to read as follows: to read as hereinafter set forth, and by adding thereto new subsections (c), and (d), as follows: 'I (b) Plan-Checking Fees. ceeds $l,OOO,OO. and a plan is required to be submitted by Subsection (c) of Section 301, a plan-checking fee shall be paid to the Building Official at the time of sub- mitting plans and.specifications for checking, family residences, the plan-checking fee shall be equal to one-half of the building permit fee as set forth in Table No, 3-A, For single-family residences, the plan- checking fee shall be in such amount as may be fixed from time to time by motion of the Council, but in no event to exceed one-half of the building permit fee as set forth in Table No. 3-A. Section 1. Sect on 1 of Ordinance No. 51B (Building Code) of the Village, "Section 1. Uniform Building Code Adopted. There are hereby adopted and incorp- Sec. 2. "(d) Section 303 of said Code is hereby amended by changing subsection (b) thereof Paragraph' (d) of Section 4 of said Ordinance No. 51B is hereby deleted ' 1 When the' valuation of the proposed conseruction ex- For all buildings except single- "(c) Demolition Fee. "(a) Refund of Fees. The fee for a permit to demolish 9 buiJding shall be $10.00. Upon return of a building permit to tlie Village by the holder thereof, with proof satisfactory to the Building Official that no construction was undertaken pursuant thereto, he shall refund to the holder the building permit fee paid by him, except that 5% of the fee paid or $25.00, whichever is greater, shall be retained by the Village. any plan-checking fee paid under subsection (b) hereof, except that no refund shall be made if the Village has caused the plans to be checked." Section 3. Paragraph (e) of Section 4 of said Ordinance No. 51B is hereby re- pealed and rescinded. Section 4. After the Council has, established a plan-checking fee for single- family residences hereunder, the Building Inspector shall determine the excess (if any), of any such fees paid since January 1, 1967, over the amount of such fee fixed by the Council hereunder, and shall make a prompt refund of such excess to the person who paid it. Section 5. and publication. Motion for adoption of the ordinance was rollcall there were four ayes and no nays and A refund on similar terms shall be made in such cases of I This ordinance shall be in full force and effect upon its passage ATTE S T : 9-5-67 PLAN CHECKING FEES ESTABLISHED BY COUNCIL. Mr. Hyde pointed out to currently the Building Department had been charging one-half of the Council that ' Building Permit Fee for checking plans and recommended that Plan Checking Fee now be set at-$15.00 for single family dwellings. for single family dwellings be set at $15.00 as recommended by Mr. Hyde was then seconded by Trustee Courtney and carried. Trustee VanValkenburg's motion that Plan Checking Fees GLEASON ROAD PARKING RESTRICTED TO ONE SIDEYOF STREET. Upon recommendation of Mr. Hite that Gleason Road parking should be restricted to one side of the street because it is only 36 feet wide, Trustee VanValkenburg offered the following resolution and moved its adoption: RESOLUTION RESTRICTING PARKING ON GLEASON ROAD .. * *WHEREAS, Glaason Road is 36 feet in width, which width is considered inadequate NOIJ, THEREFORE, BE IT RESOLVED by the Village Council of the Village-of Edina to permit parking on both sides of therstreet, that parking be restricted to one side ofCGleason Road. Motion for adoption of the resolution was there were four ayes and no nays and the ney and on rollcall ATTEST: RL,~ &.h, Village Clerk APPRECIATION EXPRESSED TO FEDERATED GARDEN CLUBS OF EDINA. that the Federation of Garden Clubs of Edina have again beautified the grounds of Mayor Bredesen noted the Village Hall by planting a flower garden around- the flag pole and on the front terrace of the grounds whereupon Trustee VanValkenburg offered the following reso- lution and moved its adoption: RESOLUTION OF APPRECIATION 'WHEREAS, members of the Federation of Garden Clubs of Edina have contributed generously over many years of their time and effort by planting flower gardens on the grounds of the Edina Village and in maintaining a wild flower garden at Braemar Park, and appearance of the Edina Village Hall, and to the enjoyment of visitors to Braemar Park , NOW, THEREFORE BE IT RESOLVED that the Mayor and Village Council express the sincere appreciation of the citizenry as a whole to the members of the Federation of Garden Clubs of Edina for this outstanding public service. Motion for adoption of the resolutionws seconded by Trustee MacMillan and carried. WHEREAS, these gardens are outstanding and add a great deal to the pleasing I SANITARY SEIJER 263 ORDERED ON 100% PETXTION. petition for sanitary sewer in Kemrich Knolls and Fjeldheim Additions had been The Village Clerk reported that a received in her office on September 8, 1967, signed by Clarence Kemp, Richard Smith and Bogen Realty, owners of real properties abutting on Kemrich Drive from Shannon Drive to East line of Kemrich Knolls, in Antrim Road from Kemrich Drive to North line of Kemrich Knolls, in Lanham Lane from Kemrich Drive to North line of Kemrich Knolls and in an easement line from the East line of Kemrich Knolls from Kemrich Drive to Dewey Hill Road. entire cost against the property of such owners. introduced the following resolution and moved its adoption: Said petition also requested the Council to assess the Trustee VanValkenburg thereupon --RESOLUTION OWERING- SANXT&%Y SEWER IMPROVEMENT 263 UPON PETITION THEREFOR BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows: 1. Council to construct a sanitary sewer improvement in the following: It is hereby found and determined that a petition has been filed requesting the Kemrich Drive from Shannon Drive to East line of Kemrich Knolls Antrim Road fromKemrich Drive to North line of Kemrich Knolls Lanham Lane from Kemrich Drive to North line of Kemrich Knolls Easement line on the East line of Kemrich Knolls from Kemrich n Drive to Dewey Hill Road and to assess the entire cost against the property of petitioners and that said pefftion has been signed by all owners of real property abutting on said street where said improvement is to be located. 2. The making of said improvement in accordance with said,petition is hereby order- ed pursuant to Minnesota Statutes, Section 429.031 (3), (Session Laws of 1961, Chap- ter 525, Section 2). to in all subsequent proceedings as SANITARY SEWER IMPROVEMENT 263. cost of said improvement is hereby ordered to be assessed against the properties abutting on said streets and tracts of land where said improvement is to be located. Motion for adoption of the resolution was seconded- Trustee Courtney and on roll- call there wene four ayes and no nays and Said improvement is hereby designated and shall be referred The entire ATTEST: Mayor 1 9-5-67 WATERMAIN IMPROVEMENT 224 ORDERED ON 100% PETITION. a petition for an improvement consisting of watermain in Kemrich Knolls and Fjeld- heim Additions had been received in her office on September 8, signed by Clarence Kemp, Richard Smith and Bogen Realty Company, oweners of rea1,property abutting on Kemrich Drive from Shannon Drive to East llne of Kemrich Knolls, in Antrim Road from Kemrich Drive to North line of Kemrich Knolls, & in Lanham Lane from Kemrich Drive to North line of Kemrich Knolls. Said petition also requested the Council to assess the entire cost against the property of such owners. Ttustee VanValkenburg then offered the following resolution and moved its adoption: The Village Clerk reported that RESOLUTION ORDERING WATERMAIN IMPROVEMENT 224 ON PETITION THEREFOR BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows: 1. Council to construct a watermain improvement in the following: It is hereby found and determined that a petition has been filed requesting the Kemrich Drive from Shannon Drive to East line of Kemrich Knolls Antrim Road from Kemrich Drive to North line of Kemrich Knolls Lanham Lane from Kemrich Drive to North line of Kemrich Knolls and to assess the entire cost against the property of petitioners and that said petition has been signed by all owners of real property abutting on said street where said improvement is to be located. 2. pursuant to Minnesota Statutes, Section 429.031, (3), (Session Laws of 1961, Chapter 525, Section 2). all subsequent proceedings as WATERMAIN IMPROVEMENT 224. improvement is hereby ordered to be assessed against the properties abutting on said streets and tracts of land where said improvement is to be located. The making of said improvement in accordance with said petition is hereby ordered Said improvement is hereby designated and shall be referred to in The entire-cost of said Motion for adoption of the resolution was call there were four ayes and no nays and the ATTEST: Mayor I/ V HEARING DATES' SET FOR VARIOUS IMPROVEMENTS. MacMillan offered the folbwing resolution and moved its adoption: % RESOLUTION PROVIDING FOR Upon recommendation of Mr. Hite, Trustee PUBLIC HEARINGS ON VARIOUS IMPROVEMENTS 1. 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 Hear- ing 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. Village Hall, to consider in public hearing the views of all.persons interested in said improvements. 3. 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 foflowing fo~: This Council shall meet on Monday, September 18; 1967, at 7:OO p,m. in the Edina (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, MINWSOTA NOTICE OF PUBLIC HEARING ON STORM SEWER EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, September 18, 1967, at 7:OO p.m., to consider the following proposed improvement to be constructed under the authority granted by Minnesota Statutes of 1961, Chapter 429. The approx- imate cost of said improvement is estimated by the Vilalage at $602,000. CONSTRUCTION OF VILLAGE STORM SEWER AND APPIJRTENlYNCES IN THE FOLLOWING: West 41st Street from Natchez Avenue to Grimes Avenue West 42nd Street from Lynn Avenue to Alden Avenue West 42nd Street from Scott Avenue to a point 200 feet east of Scott Avenue Branson Street from Grimes Avenue to a point 350 feet west of Grimes Avenue France Avenue from West 39th Street to a point 300 feet south of West 39th Street Grimes Avenue from Inglewood Avenue to West 41st Street Monterey Avenue from West 41st Street to a point 300 feet south of West 41st Street Scott Avenue from West 42nd Street to a point 235 feet south of West 42nd Street Grimes Avenue from West 42nd Street, to Branson Street Crocker Avenue from West 42nd Street to a point 635 feet south of West 42nd Street Scott Avenue from 42nd Street to a point 150 feet north of 42nd Street. I92 9-5-67 Along the i Along the Along the Along the Along the Along the Along the Along the east line of Lot 22, Riley's Subdivision of Lots 3,4,5,6,7, 30 and soutK and'east::lines of the north of Lot 19, Block 2, Crocker and north line of Lot 8, Block 2, Crocker and Crowell's First Addition north line of Lot 3, Block 1, Crocker and Crowell's First Addition north line of Lot 76, Morningside north line of Lot 48, Morningside west and north lines of Lot 30, Morningside east line of Lots 25 and 26, Morningside 31, Grimes Homestead Crowell's First Addition I Along a line from Alden Avenue at 'Nest 42nd Street to the southwest corner of Along a line from a point 230 feet south of the north line of Morningside Oaks, I Outlot 1, Morningside Manor on Inglewood Avenue to a point along the east line of R.L.S. No. 567, 140 feet south of the north line of R.L.S. No. 567. Along the east line of R.L.S. No. 567 and the south 330 feet of the east line of Lot 81, Auditor's Subdivision No. 30 . Along the south line of Minikahda Park from France Avenue to the east line of Lot 81, Auditor's Subdivision No. 30 Along the south line of R.L.S. No. 567 The area pkoposed to be assessed for the cost of the proposed storm sewer includes all lots and tracts of land within the following described boundaries: Commencing at a point on the north-south ?g line of Sec. 7, T. 28N, R. 2414, aaid point being at the center line intersection of West 40th Street and Natchez Avenue, thence south along the north-south % line of said Section 7 to the south line of said Section 7, thence south along the north-south .3; line of Sec. 18, T. 28N, R. 2414, to the center line of Morningside Road, thence west along the center line of Morningside Road to a point 30 feet north of the northeast corner of Lot16, Wooddale Heights, thence south 30 feet to the northeast corner of said lot 16, thence southeasterly along a line parallel to Wooddale Avenue to a point on the north line of Lot 17, Grimes Homestead, thence northeasterly ten feet along the north line of said Lot 17, thence southeasterly along a line parallel to 14ooddale Avenue to a point 150 feet north of the south line of Lot 13, Grimes Homestead, measured perpendicular to the south line of said lot, thence southwesterly 25 feet along a line parallel to the south line of said Lot 13, thence southeasterly along a line parallel to Wooddale Avenue, to a point 70 feet north of the south line of said Lot 13 measured perpendicular to the south line of said Lot 13, thence northeasterly along a line parallel to West 44th Street, to a PO&@ 150 feet west of the east line of Lot 16, Melvin Grimes Subdivision of Lots 8, 9, and XO, Grimes Homestead, measured along said line projected, thence southeasterly along a line parallel to the east line of said Lot 16 to the south line of said Lot 16, thence northeasterly along the north line of West 44th Street, a distance of 220 feet, thence northwesterly along a line parallel to the west line of Lot 24, Riley's Subdivision of Lots 3,4,5,6,7, 30, and 31, Grimes Homestead, to a point 136 feet north of the south line of West 44th Street measured perpendicular to said south line of West 44th Street, thence northeasterly along a line parallel to West 44th Street,tb* the-centerr-- d3ne:o-E Grimes Avenue, thence s6uth along the center line of Grimes Avenue to the' north line of West 44th Street, thence northeasterly along the north line of West 44th Street to a point 50 feet east of the east line of Grimes Avenue, measured perpen- dicular to Grimes Avenue, thence north along a line parallel to Grimes Avenue to a point 141 feet north of the south line of 44th Street, measured perpendicular to the said south line of 44th Street, thence northeasterly along a 14ne parallel to 44th Street to the east line of Lot 90, Morningside, thence north along the east line of Lots 90, 93, and 94, Morningside, to the southeast corner of Lot 95, Morningside; thence west 100 feet along the south line of said Lot 95, thence north along a line parallel to Grimes Avenue to the center line of Morningside Road, thence east along the center line of Morningside Road to a point 45 feet east of the east line of Alden Avenue, thence north along a line parallel to Alden Avenue to the north line of Lot 41, Morningside, thence east along the north side of Lots 41, 38, and 15, Morningside, to a point 100 feet east of the east line of Scott Avenue, thence north along a line parallel to Scott Avenue to a point 50 feet north of the south line of Lot 20, Morn- ingside, thence east along a line parallel to the south line of said Lot 20 to the west line of Lot 7, Morningside, thence south along the west line of said Lot 7 to the south line of said Lot 7, thence east along the south line of said Lot 7 to the east line of Sec, 18, T. 28N, R. 24W, thence north along the said east line of Section 18, to the southeast corner of Sec:7, T. 28N, R. 24W, thence north along the east line of said Section 7 to the northeast corner of the southeast 44 of the southeast % of said Section 7, thence west along the south east-west t, % line of said Section 7, to the point of beginning. .. . I - I. Florence B. Hallberg Yillage Clerk 9/5/67 B. (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING ON PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, September 18, 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. The approxi- mate cost of said improvements are estimated by the Village as set forth below: ESTIMATED COST CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE FOLLOWING: 1. Claredon Drive from Dewey Hill Road $ 15,270.93 Northerly to cul-de-sac Dewey Hill Road cul-de-sac Walnut Drive from Aspen Road north to Nine Mile 2. 12,751.87 Creek The area proposed to be assessed for the cost of the proposed Permanent Street Sur- facing and Concrete Curb and Gutter listed under 1 and 2 above includes all lots and tracts of land abutting the streets proposed to be improved. Florence B. Hallberg , Village Clerk Motion for adoption of the resolution was rollcall, there were four ayes and no nays ATTEST: Mayor I Village Clerk 0 BIDS AUTHORIZED FOR SANITARY SEWER 263, WATERMAINS 210 AND 224. Upon recommendation of Mr, Hite that bids be authorized for Watermains 210 and 224 and for Sanitary Sewer 263, Trustee Courtney offered the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED IMPROVEMENTS AND DIRECTING ADVERTISEMENT FOR BIDS FOR SANITARY SEWER 263, WATERMAIN 224 AM) WA'JERMAIN 210 BE IT RESOLVED BY THE VILLAGE COUNCIL, VILLAGE OF EDINA, MINNESOTA: 1. The plans and specifications for the proposed improvements st forth in the fol- lowing Advertisement for Bids form, heretofore prepared by the Village Engineer and now on file in the office of the Village Clerk are hereby approved. 2. letin the following notice for bids for improvements: The Clerk shall cause to be published in the Edina Courier and Construction Bul- (Official Publication) EDINA, MINNESOTA BIDS CLOSE SEPTEMBER 29, 1967 SANITARY SEWER AND WATERMAIN SEALED BIDS will be received and opened in the Council Chambers in.the Edina Village Hall, 4801W. 50th Street, at 11:OO a.m., Friday, September 29, 1967, and the Edina Village Council will meet at 7:OO p,m. on Monday, October 2, 1967, to consider said bids for the construction of Sanitary Sewer and Watermain. mate quantities of major items. The following are approxi- 3550 Lin. Ft. 6" Watermain 2000 Tons Class 5 Gravel 330 Lin Ft. 12" V.C.P. 1500 Lin. Ft. 9'' V.C.P. Work must be done as described in plans and specifications as on file in the office of the Village Clerk. (by check), Said deposit to be returned upon return of the plans and specifications with a bona fide bid. cash deposit, bid bond or certified cheek payable to the Village Clerk in the amount of at least ten (10) percent of amount of base bid. to reject any or all bids. BY ORDER OF THE EDINA VILLAGE COUNCIL. 5 Fire Hydrants Plans and specifications are available for a deposit of $10.00 No bids will be considered unless sealed and accompanied by The Council reserves the right Florence B. Hallberg Village Clerk Motion for adoption of the resolution was call there were four ayes and no nays and MacMillan and on roll- ATTEST : $94 9-5-67 CLAIMS PAID. carried for payment of the following Claims: General Fund, Motion by Trustee MacMillan was seconded by Trustee VanValkenburg and $18,0011 18; Construction Fund, $1,890.82; Park, Park Construction, Swim Pool, Golf Course and Arena, $7,410.68; Water Fund, $483.98; Liquor Fund, $46,160.51; Sewer Rental Fund, $281.52; Total, $75,228.69; and for confirmation of the following Claim: 8/25/67 American Reaearch Corporation, $523.38, General Fund. The agenda's business having ment was seconded by Trustee been covered, Trustee Courtney's motion for adjourn- MacMillan and carried. Adjournment at 10:35 p.m. Village Clerk