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HomeMy WebLinkAbout19670918_regularMINUTES OF THE REGULAR METING OF THE EDINA VILLAGE COUNCIL HELD AT THE EDINA VILLAGE HALL ON MONDAY, SEPTEMBER' 18, 1967 Members answering Rollcall were Trustees Courtney, Johnson, MacMillan, VanValkenburg and Mayor Bredesen. MINUTES of the Regular Meeting of September 5, 1967, were approved as corrected by motion of Trustee VanValkenburg, seconded by Trustee Courtney and carried. Trustee VanValkenburg's correction was that Ordinance No. 2-1 should have read in part that "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." LOUKAS M. ANGELUS RECOGNIZED UPON COMPLETION OF COURSE IN "ASSESSMENT AND APPRAISAL ADMIN- ISTRATION." Department which certified that Mr. Angelus has completed a 45 credit college course in "Assessment and Appraisal Administration" at the University of Minnesota General Extension Division and is the second person of three who has ever completed all of the requirements of this course. This certified program is presented with the cooperation of the Minnesota Assessors' Association, the Minnesota Association of Assessing Officers, the State of Minn- extended the appreciation of the Council to Mr. Angelus for efforts to improve his ability to better serve the community. ag Mayor Bredesen presented a Certificate'to Loukas M. Angeliis of the Assessing ! esota Department of Taxation and the Minnesota League of Municipalities. Mayor Bredesen L\d SHELL OIL COMPANY REZONING FOR XERXES AVENUE AND HERITAGE DRIVE DENIED. that this hearing on the request of Shell Oil Company and Wil-liam F. O'Neill to rezone property on the southwest cornef of Heritage Drive and Xerxes Avenue from R-4 Multiple Residence District to Commercial District C-2 and C-4 and Multiple Residence District R-6 had been continued from September 5 upon the request of the City of Minneapolis. from the Mayor of Richfield was then-presented requesting that Council take no action of approval until Richfield has an opportunity to study the effects of the service station proposed to be constructed at this location. Mr. Ralph Quiggle, a staff planner for the City of Minneapolis, read letters from Mr. Lawrence M. Irvin, Planning Director of the City of Minneapolis, and from Mr. Richard M. Erdahl, Alderman from the Thirteenth Ward of Minn- eapolis, which urged that the zoning change be denied for the following reasons: Mr, Hyde recalled u u A letter 1. 2. 3. 4. All four quadrants of the intersection are predominately residential. Undeveloped areas are zoned for and included in comprehensive plans as residential. Homes have been purchased in reliance on existing zoning and on existing compre- hensive plans. No evidence has been submitted which indicates a change in zoning is required for "promoting public health, safety, morals and general, welfare" which are reasons purpose of a zoning change. 1 defined by the legislature as being the purpose of zoning, and therefore, the I It was also pointed out by Mr. Quiggle that the Minneapolis Planning Commission discour- ages development of "drive-in" type uses within 1,000 feet of freeway ramps and that it recommends the rejection of spot zoning. Mr. Donald Leaf, representing Heritage Manor and Heritage of Edina, advised that construction of the service station would deteriorate the character of the area. Mr. Alan Lavine advised that he also spoke for Mr. Samuel Schneider who also owns property in the area and stated that there is no particular need for the pro- posed service station, and that it would produce a traffic hazard. Mr. Gerald Marx, 6124 Washburn Avenue South, said that he represented six families on Washburn Avenue which were all opposed to the rezoning. Mr. Richard Ziemer, owner of 6227-29 Xerxes Avenue, advised that he spoke for the families who live in the row of double bungalows on Xerxes Avenue near the intersection of Heritage Drive and stated that they would oppose any type of com- mercial development that would create a greater amount of traffic than that caused by resi- dential development and suggested that it would be difficult to control traffic if the service station is approved. Mr. Hyde presented a letter of opposition to the rezoning from Mr. R. A. Mueller, 6116 Xerxes Avenue. Mr. William Rosen, attorney representing Shell Oil Company, advised that Mr. Irvin was "careless with the truth" and that his letter should not be accepted at face value by Council. sistent with the comprehensive, zoning plan, there would be no necessi-ty for this hearing. Mr. Rosen suggestedthat the Village purposely did not want service stations in the Village since there were no C-4 tracts of land available. serve, rather than create, traffic and further advised that the Minneapolis policy of per- mitting shopping centers within 1,000 feet of a freeway ramp and still not allowing service stations at similar locations was not logical, Mr. Rosen called attention to the fact that service stations located at France Avenue and West 54th Street had made no adverse effect on the value of nearby homes, He further pointed out that Mr. O'Neill had joined Shell Oil Company in the request to rezone the entire corner only to meet the ordinance requirements that land be zoned C-4 only if it abuts a Commercial or Office Building District, or unless it is two acres in area. entire tract. He stated that if this proposed zoning was con- He emphasized that service stations 4 He said that Shell Oil would not really care about rezoning the He pointed out that Shell Oil Company is only interested in a piece of land $96 I f 9/18/67 165' x 150' and that a variance has already been requested which would allow construction of the service station on that particular portion of the property. Mr. Hite advised that the Planning Commission had recommended denial of all three of the rezoning requests, and that the Board of Appeals had denied the requested variance. presented by Mr. Rosen on behalf of Shell Oil would lead one to the conclusion that a gas station might be an appropriate use at any location in the Village, regardless of whether the surrounding properties were zoned residential or whether they were zoned for some other use. He reminded the Council that the requested C-4 Zone permits drive-in restaur- ants and car washes in addition to gas stations. In reply to a question from Trustee Van- Valkenburg, Mr. Hite pointed out that there are three parcels of land presently zoned C-4. for which no building permits have been issued or requested. pointed out that the records would indicate that the Village has not excluded filling stations as suggested by Mr. Rosen. bedenied as recommended by Planning Commission was then seconded by Trustee VanValkenburg who stated that he does not think a service station an appropriate use for this location, and that the Village has not excluded service stations as suggested by Mr. Rosen. call there were five ayes and no nays and the motion carried unanimously. Mr. Rosen then advised that Shell Oil Company will be testing this zoning in Court and inquired as to the disposition of the appeal to the Board of Appeals. Trustee VanValkenburg then moved that Council affirm the denial of the variance by the Board of Appeals. Motion was seconded by Trustee Johnson and unanimously carried. He said that the arguments Trustee VanValkenburg then Trustee MacMillan's motion that the zoning requests On roll- H. J. BACH R-2 ZONING REQUEST CONTINUED TO NOVEMBER 20, 1966. Mr. Hyde presented the re- . ' quest of Mr. H. J. Bach for R-2 zoning for property at 6329 Brookview Avenue, the hearing for which had been continued from September 5, 1967. Mr. Hite pointed out that Planning Commission has recommended approval of the zoning change which is opposed by a number of property owners in the area. If the request is approved, the matter will go to the Board of Appeals on September 21 for consideration of a variance. his architect had not submitted plans for the proposed double dwelling, he would request an additional continuation of the hearing. Mr. Donald Johnson presented a petitibn re- questing that the zoning be denied at this meeting so that it would not be necessary for them to come to an additional meeting. Mayor Bredesen stated that inasmuch as the hearing had been continued in order that Mr. Bach could submit his plans for the building, and in order to determine if Hennepin County would 'release the right-of-way adjacent to the prop- erty as it had agreed to do in 1962, it would seem that an additional continuation would be in order. Discussion ensued as to whether Mr. Bach could obtain permanent access or an easement to construct his driveway over the right-of-way. Mr. J. R. Otto, 6324 Brook- view Avenue, suggested that the hearing be continued until November in order that all in- formation would be available as to building plans and the easement. Trustee Johnson ad- vised that it should be noted that Council is not implying approval of the zoning change by continuing the matter. Mr. Bach was assured by Mayor Bredesen that Board of Appeals would also continue the variance hearing until Council has reached a decision. Trustee Johnson then moved that the hearing be continued to November 20, 1967, which motion was seconded by Trustee VanValkenburg and unanimously carried. Mr. Bach advised that because I VEHICLE PARKING IN SINGLE FAMILY DWELLING DISTRICT HEARING CONTINUED TO OCTOBER 2. Affidavits of Publication in the Edina Courier on September 7, 1967, and of Posting on Village Bulletin Boards on September 5, 1967, were presented by Clerk, approved as to form and ordered placed on file. ued until October 2, 1967, in order that Council can study the memorandum on off-street parking which he had prepared. Trustee Johnson then moved that the hearing be contin- Motion was seconded by Trustee Courtney and carried. ORDINANCE 261-149 GRANTED SECOND READING. darelle to rezone lands situated west of County Road 18 and south of County Road 39 from R-1 District to Planned Industrial District, First Reading for which had been granted on September 5. No comments were heard from the audience, whereupon Trustee MacMillan off- ered Ordinance 261-149 for Second Reading and moved its adoption as follows: ORDINANCE NO. 261-149 AN ORDINANCE AMENDING ORDINANCE N0.261 Mr. Hite presented request of Mr. Frank Car- I (ZONING ORDINANCE) OF THE VILLAGE OF EDINA ESTABLISHING AN ADDITIONAL PLANNED INDUSTRIAL DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: (Planned Industrial District) of Ordinance 261 of revised ordinances of the Village of Section 1. Paragraph 2, "Boundaries of Planned Industrial District'' of Section 10 Edina, as amended, is hereby further amended by adding after subparagraph (t) of said paragraph 2, the following subparagraph: "(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. Motion for adoption of the resolution was there were five ayes and no nays and the Mayor ATTEST: village clerk I 9/18/67 MORNINGSIDE AREA STORM SEWER IMPROVEMENT HEARING CONTINUED TO OCTOBER 16. Affidavits of Publication in the Edina Courier on September 7 and 14, and of Mailing on Septem- ber 8, 1967, 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 here- after described for storm sewer improvement 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 Along the east line of Lot 22, Riley's subdivision of Lots 3,4,5,6,7, 30 and 31, Grimes Homestead Along the south and east lines of the north of Lot 19 Block 2, Crocker and Crowell's First Addition Along the north line of Lot 8, Block 2, Crocker and Crowell's First Addition Along the north line of Lot 3, Block 1, Crocker and Crowell's First Addition Along the north line of Lot 76, Morningside Along the north line of Lot 48, Morningside Along the west and north lines of Lot 30, Morningside Along the east line of Lots 25 and 26, Morningside Along a line from Alden Avenue at West 42nd Street to the southwest corner of Outlot 1, Morningside Manor Along a line from a point 230 feet south of the north line of Morningside Oaks, 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 Stating that this is a preliminary hearing only, because some uncertainties exist as to cost division and actual work to be done, Mr. Hyde advised that the Village is in- terested in any constructive suggestions that can be offered by Morningside residents, He pointed out that this storm sewer hearing is the result of a long history of storm sewer problems in the area, A study had been made in 1961 by Morningside and a joint study by Minneapolis, St. Louis Park and Morningside had been completed just after Morningside merged with Edina. This survey has been studied by the Edina engineering staff and Barr Engineering firm and is basicly the plan now being presented. Hite pointed out that the City.of Minneapolis will be starting storm sewer construc- tion and street improvements this coming winter in the same area in which pipes would be laid through which the Morningside and St. Louis Park storm waters would also flow. He emphasized that if there is to be a storm sewer improvement in this area, it should be done at this time and not after Minneapolis completes its work. that the cost estimates presented in the mailed Notice of Public Hearing had been re- vised as follows: I I Mr. Mr. Hite advised Total Project Morningside Share Calhoun to France Trunk $224 , 380 $ 80,250 France to Natchez Trunk 250,922 83 , 641 Morningside Laterals 187,304 187,304 Total Estimated Cost $663,684 $351,554 With the aid of the view-graph, Mr. Hite reviewed proposed plans for the storm sewer system, pointing out that it is proposed to store storm waters in a permanent pond just east of Weber Field, the elevation pf'which will be the ground water elevation in this area. He also indicated the area into which St. Louis Park storm waters flow, and advised that cost of removing this water should be paid by St. Louis Park. It was pointed out that when the drainage area for the two communities is fully developed, additional facilities may be required. this time in order to see if they are absolutely necessary. the City of Minneapolis Water Department owns ten acres which cannot be assessed with- out its consent and there is some question as to whether the city will give this con- sent, If the Village is unable to assess that property, the estimated rate of assess- ment would increase from $0.0483 to $0.0515 per square foot. these figures are based on tentative cost sharing agreements made by the staffs of Edina, St. Louis Park and Minneapolis, which agreements must be confirmed by the coun- cils of each municipality, erty of a City of the First Class which operates under the Home Rule Charter without the express agreement of the City of the Firs$ Class. Mayor Bredesen questioned the proposal that all of the $45,800 that was in the Morningside General Funds at the time of the merger be utilized to defray a portion of this storm sewer cost, inasmuch as These facilities are not being recommended at Mr. Hite also advised that Mr. Hyde pointed out that Mr. Whitlock pointed out that a village cannot assess prop- 198 d) 9/18/67 Edina has never paid for storm sewers in other areas of the Village from General Funds. which this money could be used inasmuch as the entire Morningside neighborhood does not benefit from this improvement, and pointed out that he believes this money should be used for the benefit of all of the people who paid it and not to the det- riment of the rest of the Village. if Council should deviate from its policy of not paying for storm sewers from General' Funds, it should be clearly understood that this money has accrued to the Village of Morningside prior to the time of annexation. Mr. Hite pointed out that one-third of the cost of the West 42nd Street storm sewer had been paid fromMorningside General Funds and that, because this proposed storm sewer isa relatively, expensive improvement, it was thought that use of these funds would keep costs within reasonable limits in terms of the rate of assessment. Mr. Hyde noted that the storm sewer was not in- cluded in the list of recommended uses for the surplus Morningside funds which list was submitted by the Morningside Council at the time of annexation. Mr, Courtney pointed out that the proposed storm sewer involves approximately 90% of the resi- dents of the Morningside neighborhood and suggested that the payment from the Morn- ingside surplus might be made on that basis. It was noted that a letter had been received fromMr. J. R. Blair, 4150 West 44th Street, requesting that he be given relief when the assessment is levied because he is already paying for the 44th Street storm sewer. advised that he recognizes that a problem exists but objects to assessing property owners on a blanket rate of assessment. to the property owners in the bog area along CountyBitch 17, there is no benefit to the higher properties which drain to that bog area. ment cannot be levied where there is no benefit. would be well advised to arrive at an acceptable assessment procedure before approv- ing the storm sewer because there will be a number of lawsuits if the proposed blan- ket assessment is made. Mayor Bredesen made it clear to Mr. Nissen that all storm sewers in the Village have been assessed on the same basis as proposed for this storm sewer and that General Funds would never be used to pay for any particular storm sewer. He further advised Mr. Nissen that his reference was inappropriate that Coun- cil'differentiates between the Morningside area and any other area in Edina. Hyde then read a portion of Judge Parker's findings relative to Storm Sewer 88, which advised that the Court found that the assessment as levied for Storm Sewer 88 was Val- idly .adopted and imposed and advised that the two storm sewers are similar in many re- spects. Dr. F. D, Sidell, 4412 Morningside Road, spoke against the proposed method . of assessment, saying that when his commercial property was assessed for the West 44th Street storm sewer, assessment was made on the basis of greatest benefit. Mr. Donald Bridgman, 4306 Grimes Avenue, suggested that a higher rate of assessment be levied against the low properties and also requested that the pipe on Grimes Avenue be de- leted from the improvement. Mr. George Beard, 4222 Alden Drive, requested that the hearing be continued until firm figures were available as to the cost division with Minneapolis and St. Louis Park. He also suggested that the Engineering Department delete portions of the storm sewer which are not absolutely necessary. also suggested the possibility of selling publicly owned lands in the low area and using the proceeds of the sale to pay for a portion of the improvement. showed a map of public ownership which indicated that there is very little land which could be sold, Mr. Harry H. Peterson, representing Calvin Christian School, 4015 Ingle- wood Avenue, advised that the school is in favor of the proposed storm sewer and that he will submit a memorandum at the assessment hearing relative to method of assessment. Mr. Howard Bolin, 4004 Grimes Avenue, advised that most of the low land is used for recreation areas only, and suggested that the storm sewer as designed will make that property buildable and that the plan is, therefore, too extensive and too expensive. Mr. Hite pointed out that it is necessary to have good drainage before you can have good streets and advised that there are many streets in the Morningside neighborhood which are being adversely affected by improper drainage. Mr. Richard Schwartz, 4195 West 44th Street, questioned why the cost was so much higher than the esfimate of the 1961 survey. He was advised that all construction costs have increased and that one determining factor is the diameter of the pipes. Mr. Hite also advised that in 1961 it had been assumed that the Minneapolis storm sewer system had capacity to carry this additional water, which assumption has not proven to be true. He further advised that the system presently under consideration is a more comprehensive system and includes some pipe piling which had not been included in-the 1961 plan. Mr. Regis Yunker, 422 Scott Terrace, suggested the possibility of serving the worst areas first and then expanding the system as needs may arise. Mr. Jack Cracraft, 4224 Alden Drive, sug- gested installing the France-Natchez Trunk only and eliminating the lateral pipes. Mr. Daniel Smith, 4024 Grimes Avenue, and Mrs. Leona Wray, 4211 Alden Drive, spoke in favor of the storm sewer'because of the danger to children playing in ponding areas. advised that the proposed system would drain property in this area, Mr. Zohn Dickson of Barr Engineering advised that existing storm sewer manholes in the area have popped due to the fact that pipe capacities were being exceeded. Mr. C, 11. Veigersdyk, 4238 Grimes Avenue, advised that water from his property flows east and was told that this would be checked by Village crews. that the proposed inundation area between Kipling and Lynn Avenues north of West 42nd He indicated that there may be other needs for the Morningside area for Mayor Bredesen pointed out for the record that U Mr. Fred Nissen, 4242 Grimes Avenue, former Morningside Villge Attorney, He pointed out that while there is a benefit He argued that a special assess- Mr, Nissen suggested that Council Mr: I Mr. Beard Mr. Hyde I \ In reply to a question of Mrs. G. C. Robinson, 4215 Branson Avenue, Mr. Hite Mr. A1 Costers, 4304 West 42nd Street, suggested 9/18/67 Street be included at this time so that the cost would be shared by St. Louis Park. Mr. Hite pointed out that any cost sharing agreement reached with St, Louis Park at this time would include a provision that in the event these later installations were required, the same cost sharing formula would apply. Trustee Johnson's motion that Village officials take appropriate action to work out a co-st sharing agreement with Minneapolis and St, Louis Park in accordance with the Notice of Public Hearing as amended by information received at this Meeting and that the hearing be continued to October 16, was seconded by Trustee Courtney and carried. Mayor Bredesen then suggest- ed that any additional'comments or suggestions on the proposed storm sewer be submitted to the Engineering Department for its consideration. BA-115 AND BA-116 STREET IMPROVEMENTS ORDERED. Affidavits of Publication in the Edina Courier on September 7 and 14 and of Mailing on September 8, 1967, were presented by Clerk, approved as to form and ordered placed on file, public hearings were conducted and action taken as hereinafter recorded: A. PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE FOLLOWING: Pursuant to due notice" given, Claredon Drive .from Dewey Hill Road northerly to cul-de-sac Dewey Hill Road cul-de-sac Mr. Hyde advised that this improvement had been brought to hearing last spring and abandoned when one person appeared in opposition. ed from a majority of the property owners. $15,270.93, proposed to be assessed at either $8.38 per assessable foot or gainst nineteen lots at $803.73 per assessable lot. Dr. Donald Vellek, 7314 Claredon Drive, requested that the assessment be made on a per lot basis. meeting at this time. a question from Mr. V. E, Boeder, owner of Lot 13, Holand's First Addition, Mr. Hite advised that the Village would do a11 possible to get the work done this year, but that he was not sure this would be possible. the present Council is that the assessment would be made on a per lot basis but that this Council cannot commit future Councils as to the method of assessment. (See Reso- lution Ordering Improvement later in Minutes.) B. PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE FOLLOWING: Mr. Hyde presented estimated construction cost at $12,751.87, proposed to be ass- essed against 1,115.84 assessable feet at an estimated cost of $11.43 per assessable foot, and advised that a petition had been received requesting the improvement. persons appeared to offer objections, whereupon Trustee Johnson offered the following resolution and moved its adoption: A new petition has now been receiv- He presented total estimated cost at (Mayor Bredesen left the In reply to Mayor Pro Tem VanValkenburg assumed the Chair.) He also advised that the concensus of , Walnut Drive from Aspen Road north to Nine Mile Creek. No ' RESOLUTION ORDERING STREET IMPROVEMENTS BA-115 AND BA-116 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 PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE FOLZOWING : Claredon Drive from Dewey Hill Road Northerly to cul-de-sac Dewey Hill Road cul-de-sac FOLLOWING : Walnut Drive from Aspen Road north to Nine Mile Creek 2. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE And at the hearing held at the time and place specisfied in said notice, the Council has duly considered the views of all persons interested and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said im- provements including all proceedings as follows: No. 1 Above STREET IMPROVEMENT NO. BA-115 No. 2 Above STREET IMPROVEMENT NO. BA-116 and the area to be specidly assessed therefore shall include all lots and tracts of land abutting the streets proposed to be improved. Village Clerk BA-98 SPECIAL ASSESSMENT LEVIED, (West 49th Street fromwestbrook Lane to Center Line of M, N. & S. R.R.) Mr. Hyde recalled to Council that this hearing had been continued from the meeting of September 5, 1967, upon the reqluest of Mr. Ray Tharp. Mr. Tharp had advised that he would accept the offer of the Village to vacate Pukwana Lane. Mr. Hite recommended that Mr. Tharp be assessed at this time for fifty feet and when and if Pukwana Lane is actually vacated, he would be assessed for the additional twenty- five feet for the portion of Pukwana Lane which would revert to him, the total construction cost of $8,152.52 would then be assessed over a period of ten years against 590 assessable feet at a rate of $13.25 per assessable foot as against $7,817,50 of 9/18/67 estimated cost of $11.75 per assessable foot. .. Mr.. Hite indicated that Pukwana Lane would be iracated at a later date.. Trustee VanValkenburg then offered the following resolution and moved its adoption,: .. i f . _.I _L ,. -- RESOLUTION ADOPTING AND CONFIRMING SPECIAL ASSESSMENT LEVIED ON ACCOUNT OF .. STREET IMPROVEMENT BA-98 BE,I'J RESOLVED by;the,VillageCouncil of the-Village ofPEdina, Minnesota, as follows: 1. ment roll for the improvement hereinafter referred to, and at such hearing held on September 18, 1967, has considered-all oral and written objections presented against the levy of such assessment. 2. ,The assessment as set forth.in.theJassessment-roll-on-file in the office of the Village Clerk for STREET 31MPROVEMENT BK-98-does 'not exceed the local benefits con- ferred by said, improvement upon the lot,,tract or parcel of land so assessed. and said assessment is hereby adopted and confirmed as the proper assessment on account of said respective improvement to be spread against the benefited lots, parcels and tracts of land described therein. 3. The assessments shall be payable in ten eqyal annual installments, the first in- stallment, together:with the interest at the rate of 5% per annum on the entire ass- essment from the date hereof to December 31, 1968, to be payable with the general taxes for the year 1967. 4. The Village Clerk 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. by a county, by a political subdivision or by the owner of any right of way, as re- quired 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 arrange for collection thereof in installments, as set forth in said section. Motion for adoption of call there were four ayes and no nays and The Village has given notice of hearing as required by law on the proposed assess- I shall forthwith prepare and transmit to the County Auditor a The Clerk shall also mail notice of any special assessments which may be payable ATTEST: .AL A, VILLAGE CLERK LAGUNA DRIVE STREET VACATION HEARING which was continued to this meeting was further continued to October 2, 1967, by motion of Trustee BapiieiCourtzEp,seconded by Trustee Johnson and carried. BIDS AWARDED FOR BA-100. Mr. Hyde presented tabulation of two bids taken September 15, 1967, in response to Advertisement for Bids in the Edina Courier on August 31, 1967, and in the Construction Bulletin on August 31 and September 7, 1967, Tabu- lation showed Black Top Service Company low bidder at.$23,851.53 and Bury and Carlson high bidder at $26,765.75. Trustee MacMillan's motion for award to recommended low bidder, Black Top Service Company, was seconded by Trustee Courtney and unanimously carried. Engineer's estimate was given at $23,000.00. BIDS AWARDED FOR BA-111, BA-113 and A-166. Mr. Hyde presented tabulation of bids. received in response to Advertisement for Bids in the Edina Courier on August 24, 1967, and in the Construction Bulletin on August 24, 1967, August 31, 1967, and September 7, 1967. pany low bidder at $126,676.20, Bury and Carlson, Inc., second low bidder at $129,173.50, Riegger Roadways, Inc., third low bidder at $138,495.00 and C. S. McCrossan, Inc. high bidder at $159,661.50. Engineer's estimate was presented at $158,000.00. Tabulation for BA-113 and A-166 (Proposal B) showed Black Top Service Company low bidder at .::- $28,417.50, C. S, McCrossan, Inc., second low bidder at $30,X20.00, Northern Con- tracting Company third low bidder at $33,271.00 and Bury and Carlson, Inc., high bidder at $35,383.00. Engineer's estimate was'presented at $30,100.00. Trustee Johnson's motion for award to recommended low bidder, Black Top Service Company, was seconded by Trustee MacMillan and carried unanimously. Tabulation for BA-111 (Proposal A) showed Black Top Service Com- I DUNN AND CURRY BUILDING PERMIT REQUEST CONTINUED. Edmund B. Dunn and James A. Curry appeared before the Council regarding the denial of a building permit for an office building structure on the property situated in the V'illage of Edina and described ' as follows, to-wit: The South 275.0 feet of that part of Tract A, Registered Land Survey No. 679, files of Registrar of Titles, Hennepin County, Minnesota, lying West of the East 380 feet thereof except that portion thereof taken for highway purposes. Messrs. Dunn and Curry indicated to the Council that the above described real estate 9/18/67 . is properly zoned for the erection of an office building and that they have beed advised by their attorney that under the doctrine of Alexander v. City of Minneapo- lis, decided on December 27, 1963, by the Supreme Court of the State of Minnesota and similar cases, that the Village of Edina lacks legislative authority empowering the Village to adopt "hold orders," suspending the application of the Village Zoning Ordinance which would suspend indefinitely the application of its zoning ordinance based on probable future needs of the Minnesota Highway Department. Curry indicated that the proposed improvement consisted of a structure costing $500,000.00 and that the plans and specifications for this structure complied with the ' requirements of the Building Department of the Village of Edina. reason for the denial was based on the Minnesota State Highway Department's future plans for an interchange at the northeast corner of Normandale Road and West 77th Street which has been under consideration by the State Highway Department for many years past. private r'ights of Messrs. Dunn and Curry-and 'the proper course of action that should be taken by the Council to give reasonable consideration to the needs of the Minnes- ota State Highway Department and the rights of Messrs. Dunn and Curry. Village Attor- ney Whitlock advised the Council that it did not have the authority to withhold indef- initely the issuance of the building permit despite the proposed use of such land for highway purposes. Trustee Johnson then offered the following resolution and moved its adopt ion : Messrs. Dunn and They stated that the The Council discussed the conflict between the public interest and the RE SOLUTION BE IT RESOLVED by the Village Council of the Village of Edina that the Minn- v esota State Highway Department be ailowed a period of ninetp (90) days to acquire the l&-ld*-descpi&d below by contract of purchase or to commence condemnation proceed- ings to acquire said land, and in the event the State Highway Department fails to ac- quire said land by contract or by the commencement of condemnation proceedings on or before December 18, 1967, that the Edina Village Council then reconsider the request of Edmund B. Dunn and James A. Curry for issuance of a building permit for the follow- ing described property: Files of Registrar of Titles, Hennepin County, Minnesota, lying West of the East 380 feet thereof except that portion thereof taken for highway purposes. Motion for adoption of the resolution was seconded by Trustee Courtney and on rollcall there were four ayes and no nays and the resolution was adopted. The South 275.0 feet of that part of Tract A, Registered Land Survey No. 679, PETITIONS RECEIVED. Upon motion of Trustee Johnson, seconded by Trustee MacMillan and carried, the following petitiirns were accepted and referred to the Engineering Department for processing: 1. 2. 3. Permanent Street Surfacing and Concrete Curb and Gutter in Mildred Avenue from West 63rd Street to West 64th Street. Watermain in West 78th Street between Cahill Road and approximately 5700 West 78th Street. Sanitary Sewer in West.78th Street between Cahill Road and approximately 5700 West 78th Street. HENNEPIN COUNTY LIBRARY BOARD POLICY STATEMENT SUBMITTED FOR APPROVAL. Mr. Hyde ad- vised Council that a letter had been received from the Hennepin County Library Board submitting the tentative policy statement which will be acted upon the Board Meeting of September 28. Council Members think appropriate. He suggested that the Board be advised of any recommendations which ANIMAL CARE: CENTER TO BE MOVED. Mr. Hyde advised that he had received a letter from Mr. Cooley of Tonka Kennels indicating that the Animal Care Center would be moved as of October 1, 1967, from 845 France Avenue North to 13216 Wayzata Blvd. with the con- currence of the Animal Humane Society. The matter was referred to Chief Bennett for his recommendation *on the matter. LOT DIVISION HEARING DATES SET. Courtney and carried, October 2 was set as hearing date for the following lot divisions, 1. Lot 13, Block 1, Crocker & Crowell's First Addition (Stanford Olson) 2. Lot 37, Auditor's Subdivision 196 (Gail Kesler) 3. Lots 2 and 3, Block 15, Normandale Addition (B. C. Monten) Upon motion of Trustee MacMillan,.,seconded by Truskee SUBDIVISION HEARING DATES SET. MacMillan and carried, October 2 was set for hearing date for plat approvals for Viking Hills I1 Addition, OverhoLt Hills, Georgia I1 Addition and Clagramar I11 Addition. Upon motion of Trustee Courtney, seconded by Trustee OUTLOT I, SCmY'S PARK VIEW ADDITION TO BE DESIGNATED BUILDABLE LOT WHEN DRAINAGE PROBLEMS ARE SOLVED. Planning Commission to allow him to develop and .sell Outlot 1, Schey's Park View Addition, as a buildable lot. He reported that there is now an easement between Lots 1 and 2, Block 1, to provide utilities t.0 the Outlot, Mr. Hite advised that there is a great deal of storm drainage off Tralee Drive into the Outlot and thence across the lots in Schey's Park View I11 Addition and thence onto Schey Drive. Mr. Hite advised Council that Mr. Schey has requested the Since the wsements have now been provided for utilities, the only remaining problem is the drainage. mission that the lot be designated as a buildable lot subject to the drainage problem being resolved was seconded by Trustee Courtney and carried. Trustee MacMillan's motion approving recommendation of Planning Com- 'NILLIAM LEWIS APPOINTMENT TO PLANNING COMMISSION AND PARK BOARD CONFIRMED. Upon being advised by the Clerk that the name of Mr. William Lewis had inadvertently been omitted when Park Board and Planning Commission members were appointed for a three year term commencing February 1, 1967, Trustee Johnson's motion confirming the appointment of Mr. Lewis to the Park Board and to the Planning Commission for a term to expire on February 1, 1970, was seconded by Trustee MacMillan and carried. LOTS 15 AND 16 BLOCK 10, NORMANDAIE I1 ADDITION DEED RESTRICTION RELEASED. advised that the owner of the north 1/2 of Lot 15 and Lot 16, Block 10, Normandale I1 Addition had requested release of a deed restriction whereby no buildings or structures could be erected on the property until 1971. Being advised by the Park Department and by the Village Attorney that there is no reason why this restriction could not be released Trustee Courtney offered the following resolution and moved its adoption. Mr. Hyde RESOLUTION BE IT RESOLVED that the Village Council of the Village of Edina hereby author- izes release of the building restrictions on the North one-half (N. 1/2) of Lot 15 ' and all of Lot 16, Block 10, Normandale I1 Addition, as contained in the deed dated July 31, 1946, filed August 12, 1946, in Book 1737 of Deeds, page 292 as Document 2387868. Motion for adoption of the resolution was seconded by Trus there were four ayes and no nays and the r ohnson and on rollcall ATTEJjT : $L d- f!Lu-e4,/ VILLAGE CLERK DEPENDABLE EXCAVATING CONPANY, INC.,YGRANTED MINING PERMIT. Mr. Hite advised Council that an application had been received from Dependable Excavating'Company, Inc., for a permit to mine in the area on West 76th Street just west of Xerxes Avenue described as follows: The North 330.0 feet of the East 188.0 feet of the West 30 4/12 rods of the East 52 1/12 rods of the S.E. 1/4 of the S.W. 1/4 of Section 32, Township 28, N., Range 24 I?. 4th P.M. containing 4 42/100 acres more or less, situated in the Village of Edina, Hennepin County, Minnesota The necessary $25.00 permit fee, certificate of insurance and bond having been re- ceived, Trustee Johnson's motion approving the permit was seconded by Trustee Court- ney and carried. STREET NAME CHANGE HEARING DATES SET. Trustee Courtney and carried, October 2, 1967, was set for hearing date for street name change of Ridgeview Lane to "Ridgeview Circle" and of Limerick Drive from West 64th Street to West 65th Street to "Limerick Lane." - Upon motion of Trustee MacMillan, seconded by ORDINANCE 51B-8 GRANTED FIRST READING. amends Ordinance No. 51B (Building Code) as to certificate of occupancy and as to a appeals. Mr. Hyde presented Ordinance 51B-8 which Trustee Johnson then offered First REading of Ordinance 51B-8 as follows: ORDINANCE NO. 51B-8 AN ORDINANCE AMENDING ORDINANCE NO. 51B (BUILDING CODE) AS TO ISSUANCE OF CERTIFICATE OF OCCUPANCY AM) AS TO APPEALS, TEE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: by adding thereto an additional paragraph reading as follows: Section 1, "(k) Paragraph (c) of Section 306 is amended to read as follows: "(c) Section 4 of Ordinance No. 51B of the Village is hereby amended I Certificate Issued. After final inspection when it is found that the building or structure complies with the provisions of"this Code, and after the Build- ing Inspector has received certifications from the State Electrical Inspector, the Chief of the Village's Fire Department, and the Village's Public Health Sanitarian that the building or structure complies with all laws, ordinances and regulations which they are respectively charged with the duty of administering or enforcing, the Building Inspector shall issue a Certificate of Occupancy which shall contain the following: 1. The building permit number. 2. 3; .The name- and address of the owner. 4. The address of the building. A'description 0.f that portion of the building for which the certificate is issued. 9/18/67 < 5. A statement that the described portion of the building complies with the requirements of this Code for group of occupancy in which the proposed occupancy is classified. 6. The name of the Building Inspector. Sec. 2. Section 5 of said Ordinance No. 51B is hereby repealed and a new Section 5 is hereby adopted to read as follows: "Sec.5. Appeals to Building Construction Codes Commission. Any person who deems himself aggrieved by any order,: requirement, permit, decision, refusal or determination made by the Building Inspector, the Chief of the Fire Department or the Public Health Sanitarian in the application or administration of the ordinances of the Village regulating construction, alteration, moving or demolition of build- ings, the construction, installation, alteration or removal of plumbing, gas piping or equipment, water softening or filtering equipment, or the installation, alteration, or removal of plumbing, gas piping or equipment, water softening or filtering equip- ment, or the installation, alteration or removal of electrical wiring or equipment, may appeal therefrom to the Building Construction Codes Commission created by Ordin- ance No. 53." its passage and publication. Sec. 3. This ordinance shall be in full force and effect immedately upon BIDS AUTHORIZED FOR WATERMAINS 210, 224, and SANITARY SEWER 263. Upon recommend- ation of Mr. Hite, Trustee MacMillan offered,the following resolution and moved its adopt ion: BE IT RESOLVED BY 1. The plans and RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED IMPROVEMENTS AND DIRECTING ADVERTISEMENT FOR BIDS FOR WATERMAINS 210, 224, AND SANITARY SEWER 263 THE VILLAGE COUNCIL, VILLAGE OF EDINA, MINNESOTA: specifications for the proposed improvements set 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. The Clerk shall cause to be published in the Edina Courier and Construction Bul- letin the following notice for bids for improvements: (Official Public at ion) VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA ADVERTISEMENT FOR BIDS SANITARY SEWER AND WATERMAIN BIDS CLOSE SEPTEMBER 29. 1967 - -~ - -_. ~ - -- __ SEALED BIDS will be received and opened in the Council Chambers in the Edina Village Hall, 4801 West 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. The following are approx- imate quantities of major items. 3550 Lin. Ft. 6" Watermain 2000 Tons Class 5 Gravel 330 Lin. Ft. 12" V.C.P. 1500 Lin. Ft. 9It V.C.P. 5 Fire Hydrants Work must be done as described in plans and specifications 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 check 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. Plans and specifications are available for a deposft 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 seconded b there were four ayes and no nays and the re COOPERATIVE PURCHASING AGREEMENT WITH HENNEPIN COUNTY AUTHORIZED. Mr. Cote requested authority of Council to enter into a cooperative purchasing agreement with Hennepin County in the hopes of obtaining more favorable costs on a sound basis. Trustee Mac- Millan then offered the following resolution and moved its adoption: RESOLUTION APPROVING THE COOPERATIVE PURCHASING AGREEMENT WHEWAS, the Minnesota Statutes 1965, Section 471.59, authorizes two or more 9/18/67 governmental units, by action of their own agreement, to jointly or cooperatively exercise any power common to the contracting parties, and WHEREAS, the Village of Edina, Hennepin County, and those other participat- ing communities agree to exercise cooperatively their common power of purchasing, and WHEREAS, it is felt that such agreement shall lead to possible monetary sav- ings and the savings in duplication of effort in the purchasing field, and WHEREAS, the agreement hereto proposed and its provisions has been reviewed by a committee composed of a representative from each of the participating parties, and has met their approval and support, NOW, THEREFORE, BE IT RESOLVED by the Village Council of the.Village of Edina that the Mayor and Village Manager are hereby authorized to enter into agreement with Hennepin County and those participating communities for the cising their common power of purchasing. seconded by Trustee Courtney and on rollcall t the resolution was adopted. . ose of jointly exer- Motion for a solution was GOLF COURSE FUND REPORT as of August 31, 1967, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Trustee MacMillan, seconded by Trustee John- son and carried. I. RECREATION CENTER FUND REPORT as of July 31, 1967, was presented by Mr. Dalen,. re- viewed and ordered placed on file by motion of Trustee Courtney, seconded by Trustee Johnson and carried. PLANNER FRED HOISINGTON INTRODUCED. Mr. Hyde introduced Mr. Frederick Hoisington who has accepted the position of Planner for the Village. CLAIMS PAID. for payment of the following claims: General Fund, $46,790.92; Construction Fund, $368,435.18; Park, Park Construction, Swim Pool, Golf Course and Arena, $10,373.95; $59,288.81; Sewer Rental Fund, $495.25; P.I.R. Fund, $530.13, Total, $490,678.04. Trustee Johnson's motion to adjourn the meeting to Monday, September 25, 1967, at 4:30 p.m. for consideration of the budget for 1968 was seconded by Trustee Courtney and carried. Motion of Trustee Johnson was seconded by Trustee MacMillan and carried Water Fund, 64,763.80; Liquor Fund, VILLAGE CLERK Adjournment at 10:50 p.m. .*.