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HomeMy WebLinkAbout19680205_regular23 MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, FEBRUARY 5, 1968 , Members answering rollcall were Councilman Courtney, Johnson, Shaw, VanValkenburg, and Mayor Bredesen. 1 MINUTES s.f January 5 were approved as submitted by motion of Councilman VanValkenburg, -seconded by Councilman Johnson and carried. roved as corrected by motion of Councilman Johnson, seconded by Councilman VanValken- burg and carried. Councilman Johnson's correction was that with reference to the Eden Prairie Village interconnection sewer agreement, Eden Prairie would be "charged" rath- er than "credited" $25,000 . PUBLIC HEARINGS CONDUCTED ON NUMEROUS STREET AND ALLEY SURFACING IMPROVEMENTS, Affi- davits of Publication in the Edina Courier on January 25 and February 1 and of Mailing on January 26, 1968, were presented by Clerk, approved as to form and ordered placed on file. -proposed improvements and action taken by Council as hereinafter recorded: A. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE AND GUTTER in Estimated project cost.was presented by Mr. Hyde at $32,111.58, proposed to be assess- ed against-2,981.01 assessable feet at $10.77 per assessab1.e foot. Mr. Edward Rippie, 5824 Olinger Road, was assured by Mr, Hite that bituminous with curb and gutter would provide a satisfactory surface on the steep hill on.Olinger Road. No further discus- sion was heard, B. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE Minutes of January 15,. 1968, were app- Pursuant to due notice given, Public Hearings were conducted on the following I Olinger Road from County Road #158 to Olinger Blvd. u3 €- u3 a FOLLOWING :. u w (See Resolution Ordering Improvement later in Minutes.) Amy Drive from Olinger Road to Sun Road Sun Road from Olinger Blvd. to Arbour Lane Olinger Blvd. from South line of Scenic View 1st Addftion to Olinger Road Olinger Circle Mr. Hyde presented estimated project cost at $67,861.65 proposed to be assessed a- gainst 67 assessable lots at $1,012.86 per lot or against 6,259.23 feet at $.10.84 per assessable foot. Ordering Improvement later in Minutes,) C. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER in Mr. Hyde presented estimated project cost at $11,805.94, proposed to be assessed were made from the audience. D. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER in Mr. Hyde presented estimated project cost at $8,577.60 proposed to be assessed either against nine assessable lots at $953.07 or against 853.19 assessable feet at $10.05 per foot. No comments were made from the audience. ment later in Minutes.) . No comments were made from the audience. (See Resolution .- Beard Place from Beard Avenue to West 62nd Street -. against 950.37 feet. at an estimated cost of $12.42 per assessable foot.. No comments (See Resolution Ordering Improvement later in Minutes.) Polar Circle from County Road #158 to cul-de-sac I (See Resolution Ordering Improve- -E. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE . FOLLOWING : Cherokee Trail from South line of Cherokee Hills 4th Addition to North.line of . Cherokee Hills 4th Addition Mr, Hyde presented estimated project cost at $9,458.62, proposed to be assessed either against ten assessable lots at $945.86 per assessable lot or against 926.21 Resolution Ordering Improvement later in Minutes.1 F. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER in -assessable feet at $10.21 per foot. No comments were made from the audience. (See . Uest 53rd Streei from Grandview Lane to Vest line of Replat of part of Grandview Plateau - Mr. Hyae presented total estimated project cost at $4,706.74, advising that it is proposed to assess $400 against Lot 6, Block 2, Replat of Part of Grandview Plateau and against Parcel 5400, Sec. 28, T. 117, R.21 and that $3,906.74 is proposed to be assessed against Parcel 800, Sec. 28, T. 117, R. 21. No comments were made from the audience. (See Resolution.Ordering Improvement later in Minutes.) G. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN Valley View Road from Rosemary Lane to Mark Terrace Drive (South) . Mr. Hyde presented estimated total project cost at $113,589.88, proposed to be assess ed against 4,582.92 assessable feet at an estimated cost of $10.00 per foot. The por- tion of the project to be assessed was estimated at $45,829.20, with the state aid share estimated at'$67,760,68. presented which would assess 36 assessable lots at an estimated cost of $1,273.03 per lot. Mr. Hite pointed out that because some of the irregular shaped lots near to the roadway have access to Valley View Road.through easements, it is proposed to assess these lots at the normal rate.of assessment. Mr. Hite further advised that I An alternate method of spreading the assessment was 2/5/68 24 i St te aid funds are available for this project only if the street is constructed to a yidth of 36 feet. traffic volumes of 3,000 to 4,500 vehicles per day. 2,210 vehicles were then using the road each day, Road, acting as spokesman for residents on Valley View Road, protested widening be- yond thirty feet. considerably smaller amount of traffic. Mr, Bloom then suggested that the Village - pay for the improvement inasmuch as 'the road is used for more than local traffic and because the new surf,ace has been necessitated at this time by the sewer and water installations. Mr. Hyde pointed out that the cost proposed to be assessed is the -same as other street improvements and that property owners should pay their share of the road as other Edina property owners have paid for their streets. Mayor Bredesen also pointed out that if the street were to be constructed at 30 feet, state aid funds would not be available and the cost w0uJ.d be considerably more than th+e $lO,OO assessment presently proposed. ley View Road, Mr. Hite stated that if a new road were to be platted in the vicinity of the present easement (befpre this project is assessed) the properties abutting - that road would be remov.ed from this asse,ssment district. Mr. Wallace Lilja, 6933 Valley View Road, .and Mr. Robert Brockway., 6927 Valley View Road, b,oth protested the widening of the road to 36 feet, stating tbt such action would cause increase Msyor Bredesen pointed out that even if a 30 foot road might be adequate at the preseqt time, it would not be wise to construct a street which would have to be widened at a later date. He further stated for the record that as long as he is on the Council, he will guarantee that the speed limit for Valley View Road will not exceed 30 miles per hour. Councilman Johnsonls motion authorizing 36 foot permanent street surfacing and concrete curb and gutter was sesonded by Councilman VanValkenburg and carried, with Councilman VanValkenburg and Mayor Bredesen advising that they voted in favor of the motion because they felt that the cost of a 30 foot road (without state aid funds) would be prohibitive. Minut.es.) (See addition to Minutes of February %9.) , This width is considered necessary in view of the projected A 1966 count-indicated that Mr. James Bloom, 6825 Valley View He stated that the tragfic count had been taken before the Cross- -town Highway serving the area was, completed and that the road presently carried a In reply to a question of Mr. M. E. Jensen, 6939 Val- -in traffic. I-.- (See Kesolution Ordering Improvement later in H. CONSTRUCTION OF PERMANENT STREET SURFACING.AND CONCRETE CURB AND GUTTER in Mr. Hyde presented estimated total project cost at $84,399.20, proposed to be assess- ed as follows: Lot 1, $9,362,31 and Lot 2, $4,551.95; Parcel 3245 of Sec. 30, T. 28, R..24, $70,464,- 98. No comments were heard from the audience. later in Minutes,) I, Valley View Road from West 69th Street to Vest 70th Street I Replat of Log 2,, Block 1, South Office Park First Addition, Block.1, (See Resolution Ordering Improvement -- CONSTRUCTION OF PERMANENT STWET, SURKACING IN THE FOLLOWING: . Alley between William Avenue and Bedford Avenue and between Nest 51st Street and Mr. Hyde presented total estimated project cost at $4,048.45, proposed to be assessed against 1202.8 assessable feet at an estimated cost of $3.36 per assessable foot, ad- vising that the project had been petitioned by fourteen property owners in the block. Mr. R, W. Nolting, 5140 William Avenue, questioned the relative cost of concrete and bituminous. Elr. Hyde advised that alternate bids would be taken and suggested the possibility of bidding jointly with phe City of Hopkins which anticipates paving a number of alleys this year. Hr. Donald Criswell, 5144 William Avenue, advised that his gargge has access directly to West 52nd Streec, and requested that he not be ass- essed for the improvement. benefit accrues to all abutting properties when an alley is paved. Mr. Hyde suggested that Mr. Criswell discuss this problem at the Assessment Hearing. No further comments were heard. - West 52nd Street Mr. Hite pointed out that it is generally felt that some (See Resolution Ordering Improvement later in Minutes.) J. CONSTRUCTION OF PERMAN~NT STREET SURFACING IN THE FOLLOWING: Alley between William Avenue and Bedford Avenue and between Vest 51st Street and Interlachen Boulevard, . I Mr. Hyde presented total estimated project cost at $7,687.54, proposed to be assessed either against 1,190.80 feet at $6.46 per assessable foot or against 22 assessable. lots at $349.43 per lot. He further noted that a petition signed by owners of eleven -properties has been submitted in opposition to the project. Mr, Hite pointed out. - that this alley runs,between William and Bedford Avenues and "teest1. to each street approximately one hundred feet south of Interlachen Boulevard, and stated that if the "tee" could be eliminated to Bedford Avenue, the cost vould be reduced considerably, It was pointed out that the "tee" to Bedford is dedicated but not actually cut through and if an easement could be obtained for construction of a storm sewer,.this.portion of-the alley could be eliminated. Mr, D. G. Holstein, 5021 Bedford Avenue, asked if the drainage problem could be solved by grading, but was advised by Mr. Drake that 2/5/68 this would be a more expensive procedure. Motion o Councilman Johnson that the mtter be continued to the next-meeting in order that the possibility of obtaining easements could be explored was then seconded by Councilman Courtney and carried. Councilman VanValkenburg then offered the following resolution and moved its adopt- ion : - RESOLUTION ORDERING IMPROVEMENTS BE IT RESOLVED by the Council of the Village of Edina,-Minnesota, that this Counc‘il hereinafter 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 im- provements: - 1.- CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE FOLLOWING : 2. FOLLOWING: Olinger Road from County Road #158 to Olinger Blvd. CONSTRUCTION OF PERMANENT STREET SUQFACING AND CONCRETE CURB AND GUTTER IN THE Amy Drive from Olinger Road to Sun Road Sun Road from Olinger Blvd. to Arbour Lane Olinger Blvd. from South line of Scenic View 1st Addition to Olinger Road Olinger Circle 3. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND ‘GUTTER IN THE 4. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE FOLLOWING : .. 5. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE FOLLOWING: Cherokee Hills 4th Addition. 6. FOLLOWING : FOLLOVING : Beard Place from Beard Avenue to West 62nd Street Polar Circle from County Road #158 to cul-de-sac Cherokee Trail from South line of Cherokee Hills 4th Addition to North line of CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE Vest 53rd Street from Grandview Lane to West line of Replat of Part of .Grand- view Plateau CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE 7. FOLLOWING : 8. FOLLOWING : 9. CONSTRUCTION OF PERMANENT STREET SURFACING IN THE FOLLOWING: Valley View Road from Rosemary Lane to Mark Terrace Drive CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE Valley View Road from West 69th Street to West 70th Street Alley between William Avenue and Bedford Avenue and between West 51st Street -and West 52nd Street I, 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 advised of the pertinent facts does hereby determine to proceed with the construction of said im- provements, 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 re- ferred to in all subsequent proceedings as follows: No. 1 Above STREET IMPROVEMENT NO. BA-119 No. 2 Above STREET IMPROVEMENT NO. BA-120 No. 3 Above STREET IMPROVEMENT NO. BA-121 No. 4 Above , STREET IMPROVEMENT NO. BA-122 No. 5- Above STREET IMPROVEMENT NO. BA-123 No. 6 Above STREET IMPROVEMENT NO. BA-124 No. 7 Above I STREET IMPROVEMENT NO. BA-125 No. 8 Above STREET IMPROVEMENT NO . BA- 126 No. 9 Above STREET IMPROVEMENT NO. A-167 and the area proposed ;o be assessed for Street Improvements BA-119, BA-120, BA-121, BA-122, BA-123, BA-124 and A-167 includes all lots and tracts of land abutting the streets proposed to be improved; the area proposed to be assessed for the cost of Street; Improvement BA-126 includes Lots 1 and 2, Block 1, Replat of Lot 2, Block 1, South Office Park 1st Addition and Parcel #3245, Sec. 30, T. 28, R.24; the area pro- posed to be assessed for ‘Street Im provement BA-125 includes all lots and tracts of land abutting the.street proposed to be improved and Lots 1 and 2, Block 1, Indian- head Lake View Addition, Lot 4, Block 2, Indianhead Crest, Lots 1 and 2, Block 1, Dahlquist Addition and Part of Parcel 7500, Motion-for adoption of the resolution was call there were five ayes and no nays and ATTEST : Mayor 2L b_j.h/ Village Clerk s 2/5/68 ADOLPHSON ti PETERSON REQUEST FOR REZONING TO OFFICE BUILDING DISTRICT GRANTED FIRST READING. Affidavits of Notice were presented by Clerk, approved as to form and or- dered placed on file, for pezoning of property located East of Arcadia Avenue, West of T. H. 100 and North of Eden Avenue for rezoning from Residential District R-1 to Office Building District, Mr. Hoisington advised that existing zoning in the area consists of light industrial to the west and southwest, R-1 District (Our Lady of Grace Church and School) to the South and Office Byilding District to the north. He further noted that the property 1.7as rezoned from IC-1 District to Community Store District in 1962, and that when the option was not used, the zoning reverted to R-1. Mr. Hoisington indicated that the proposed office building is within the height restrictions and that Planning Corn-. mission has recommended approval. Courtney offered the follotdng ordinance for First Reading: Mr. Hoisington presented the request of Adolphson and Peterson *I No comments being heard from the floor, Councilman ORDINANCE NO. 261-157 AN ORDINANCE AMENDING ORDINANCE NO. 261 BY REZONING PROPERTY FROM R-1 DISTRICT TO OFFICE BUILDING DISTRICT THE VILLAGE COUNCIL OF THF, VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 2, llBoundaries of Office Building District," Section 8, I'Office Building District" Ordinance No. 261 of revised ordinances of the Village. of Edina as amended, is hereby further amended by adding the following subparagraph: Block One (l), Grandview Heights Addition and Tracts A, B, and C, Registered Land Survey No. 7." "(x) Lots Four (4), Five (S), Six (6), Seven (7), and Eight (8), Section 2. This Ordinance shall be in full force and effect immediately after -3 its passage and publication according to law. LOT 2, BLOCK 1, FARMER'S FIRST ADDITION LOT DIVISION CONTINUED TO MARCH 18. Upon the recommendation of Mr. Hyde, consideration of the division of Lot 2, Block I, Farmer's First Addition which vas continued.from January 15, 1968, was again continued untsl March 18, 1968, by motion of Councilman Shaw, seconded by Councilman Courtney and carried . BRBOURAVENUE VACATED NORTH OF WEST 62ND STREET. by Clerk, approved as to form and ordered placed on file. bour Avenue north of West 62nd Street had never been opened and recommended that it be vacated to conform to the final plat. No comments were heard from the floor, where upon Councilman VanValkenburg offered the following resolution and moved its adoption. RESOLUTION VACATING A PORTION OF ARBOUR A. Affidavits of Notice were presented Mr. Hite advised that Ar- WHEREAS, two weeks' published, posted and mailed notice of a Hearing to be held on February 5, 1968, at 7:OO pa,, on the proposed street vacation hereinafter des- cribed has been given and made and a Hearing has been held thereon by the Village Council : NOV, THEREFORE, be it resolved by the Village Council of the Village of Edina, Hen- nepin County, Minnesota, that the following described portion of Arbour Avenue, a11 as platted and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, be and is hereby vacated effective March 5, 1968, unless on or before said date this resolution is amended, annulled or rescinded by the Village Council-: - .That portion of Arbour Avenue extending from the north line of - . - Vest 62nd Street extended across said Arbour Avenue to a line - - - running from the Northeast corner of Lot 11, Block 3, Edina Grove, to the Northwest corner of Lot 11, Block 1, Countryside.' Motion-for adoption of the resolution was s there were five ayes and no nays and the re Shaw and om rollcall - I ATTEST: I - .. t Village Clerk . I BLOCK 3, EDINA INTERCHANGE CENTER U'IXLITY EASEMENT VACATED. presented-by Clerk, approved as to form and ordered placed on file. Mr. Hite advised Council of a request by Edina Interchange Corporation for vacation of a utility and drainage easement between Lots.4 and. 5, Block 3, Edina Interchange Center, whfeh va- cation has been approved by Northern States Power and Minneapolis Gas Company. comments being heard from the floor, Councilman Courtney offered the following reso- lution as recommended by Mr. Hite and moved its adoption: Affidavits of Notice were ~ No 2/5/68 i, - RESOLUTION VACATING STORM SEWER EASEMENT IN - EDINA INTERCHANGE CENTER ADDITION WHEREAS, two weeks' publisheq, posted and mailed notice of a Hearing to be held on February 5, 1968, at 7:OO pa., on the proposed vacation of the storm sewer easement 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, Henn- epin County, Minnesota, that the following described storm sewer easement in the Edina Interchange Center Addition as shown on recorded plat t\ereof, Hennepin County, Minnes- ota, be and is hereby vacated effective<,March-5,'-396&r date this resolution is amended, annulled or rescinded by the Village Council: unless on or before said Utilcty and drainage easement ten feet (lo.') in width :being five feet (5')' on each-side of the lot line bktween Lots Z, and 5; Block :3, -Edina Interchange CeriteZ, according to recorded piat thereof; Hennepin-Co&p, .except' rhe westerly ten feet (10'). thereof. Motion for adoption of the Councilman Shaw and on rollcall there were five ayes and no ATTEST: , 2L-.&, 7lLLU-w Village Clerk "I FOUR WHEEL TRACTOR BIDS AWARDED. Mr. Hyde presented tabulation of bids taken in re- sponse to Advertisement for Bids in the Edina Courier on Januqry 4, 1968, for a four- wheel tractor which had originally been bid on December 8, 1967, Tabulation showed L-Z Manufacturing Company low bidder at $3,064.75 for Massey Ferguson #3165, Midway Tractor second lOt.7 bidder for Ford 4402-4C and Freeway Equipment high bidder at $3,806.00 for John Deere 400. specifications, Councilman VanValkenburg's motion awarding t.he bid to Midway Tractor as recommended was seconded by Councilman Johnson and carried. Inasmuch as the Massey-Ferguson !I3165 did no.t meet PUBLIC SAFETY VEHICLE BIDS AtJARDED. Tabulation of Bids taken by Hennepip County for vehicles to be used by the Police.and Fire Departments was presented by Mr. Hyde. Tabulati,on of bids for. seven police cars showed Midway Ford low bidder at $2,067.95; Market Ford second low bidder at $2,099.15 and Southtown Chrysler high bidder at $2,128.71. Ford low bidder at $1,841.00, Midway Ford second low bidder at $1,857.00 and Iten Chevrolet high bidder at $1,900.00. Because the Ford dealers took exception to cer- tain aspects of the specifications (alternator location, two tone paint job and de- livery in sixty days without penalty) Councilman Johnson moved that award be granted Sputhtown Chrysler and Iten Chevrolet as recommended. man Courtney with Councilman VanValkenburg voting nay. Tabulation of bids for three cars for the Fire Department showed Market Motion was seconded by Council- TRUCK BIDS AWARDED. Mr. Hyde presented tabulation of bids taken by Hennepin Cpunty which trucks for the Sewer and Park Departments. Department were' presented by Mr. Hyde showing Iten Chevrolet low bidder at $3,227.00, Boyer Ford second low bidder at $3,292.00, Hopkins Dodge third low bidder at $3,302.00, and McGee Trucks high bidder at $3,428.00. for the Park Department was presented by Mr. Hyde showing Iten Chevrolet low bidder at $3,116.00, Bill Boyer Ford second low bidder at $3,306.00, Market Ford third low bsdder at $3,306-00 and Hopkins Dodge high bidder at $3,655.94. Motion for award to recommen- ded low bidder in each case was made by Councilman Shaw, seconded by Councilman Johnson Bids? for the truck for the Sewer Tabulation of bids for the pickup truck - and carried. ,ORDINANCE NO. 35 ADOPTED AT SECOND READING. Ordinance No. 35 which provides for cat control in the Village was presented for Second Read$ng. Mayor Bredesen pointed out that some misunderstanding seems to exist that the ordinance includes a provision. for licensing and leashing of cats. Mr. James A. Warren, 6709 Hillside Lane, objected to the wording of the ordinance and advised that in view of the fact that the Village has a general nuisance ordinance there is no need to single out one animal in particu- lar. He recommended that the nuisance ordinance be rewritten. Mr. William Basil, 5045 Windsor Avenue, stated that neighbors should be able to get together and straighten out misunderstandings caused by cats. Mayor Bredesen pointed out that if people were considerate of their neighbors there would be nQcneed for many ordinances, and that this ordinance is being considered because of the large number of complaints received about cats. stating that if the ordinance is adopted it will make cat owners more aware of'their responsibility. Mrs. Kenneth Cameron, 6212 Ashcroft Lane, advised that Bdina should An unidentified lady 5n the audience urged the adoption of the ordinance, 2/5/68 J be a leader among other municipalities with this type of regulation. question, Village Attorney Whitlock advised that it is difficult to obtain a convic- tion under the general nuisance ordinance and advised that penalties under both ord- inances are the same. No further comments being heard, Councilman Johnson offered Ordinance 35 for Second Reading and moved its adoptian as follows: In reply to a ' ORDINANCE NO. 35 AN ORDINANCE DECLARING CATS TO BE A - NUISANCE UNDER CERTAIN CONDITIONS AND PROVIDING A PENALTY FOR PERSONS HARBORING SUCH CATS THE VILLAGE COUNCIL OF THE VTI,I,AGE OF EDINA, MINNESOTA, ORDAINS: Any cat which damages plantings or structures or deposits fecal matter ot-cprivate property, after the person owning or harboring the cat has been notified of such acts as provided in Section 2 hereof, Section 1. Certain Cats Declared a Nuisance. is hereby declared to be a nuisance.* ! Sec. 2. Notice to Gwner. Control Officer a written complaint, stating the acts committed by a cat or cats, the name and address of.the person owning or harboring the cat or cats, and the name and the address of the person making the complaint. promptly-notify the person owning or harboring the cat or cats of the acts complained of, shall request that the cat or cats be restrained from committing any more such acts, and shall inform such person that if the cat or cats continue to commit such acts thereafter, then the person owning or harboring the cat or cats may be convicted here- under. -to be a nuisance hereunder shall be deemed to be maintaining a nuisance. be subject to a penalty of a fine of not exceeding $100 or imprisonment in the Village or County jail for a period of not exceeding 90 days, with costs of prosecution irr Any one may send or deliver to the Village's Animal The Animal Control Officer shall then Sec. 3. Responsibility of Owner. Any person who owns or harbors a cat declared Sec. 4. Penalty. Any person who maintains a nuisance as herein defined shall case of either fine or imprisonment. - Sec. 5. This ordinance shall be in full force and effect immediately upon its passage and publication. Motion for adoption of. the ordinance was rollcall there were four ayes and one nay the ordinance was adopted. Councilman VanValkenburg and on I ? .. ATTEST : Mayor .. r- r .. $b&.+e&.&. Village -2iLLUL Clerk .. - NOTICE OF CLAIM BY DAVID STAIR was called to the attention of Council who was advised - that the claim had been referred to the insurance company and the Village Attorney. GRANDVIEW SERVICE ROAD ASSESSMENT HEARING DATE SET for March 18. of Mr. Hyde that Special Assessment Hearing be set for March-18 for the Grandview Service Road land acquisition, Councilman Courtney offered the following resolution and moved its adoption: Upon recommendation RESOLUTION PROVIDING FOR SPECIAL. ASSESSMENT HEBRING FOR LAND ACQUISITION FOR STREET IMPROVEMENT BA-117 BE IT RESOLVED BY THE VILLAGE COUNCIL OF* TEiE VILLAGE OF EDINA, MINNESOTA, AS FOLLOWS: 1. the land acuisition set forth in the Notice of Hearing form hereinafter recorded, and the amounts proposed to be assessed against the respective lots, places and parcels of land within the districts affected by said improvements, and said proposed assess- ments having been filed with the Clerk, the same are hereby approved and the Clerk shall keep the same on file in her officeand open to public inspectiowpending hear- ings thereon as herein provided. 2, form hereinafter contained to pass upon said.proposed assessment and the Clerk's action in publishing notice of said hearing in the official newspaper in accordance (Official Publication) VILLAGE OF EDINA 4801 FJ. 50th Street Edina, Minnesota 55424 NOTICE OF ASSESSMENT HEARING ON LAND ACQUISITION FOR BA-117 The Clerk and Engineer having calculated the proper amounts to be assessed for - This Council shall meet at the time and place specified in the Notice of Hearing I - with law is hereby approved; notice being as follows: EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, March 18, 1968, at 7:OO p.m. to hear and pass upon all objections, if any, to the proposed assess- 2 9- J 2/5/68 s ment for the above improvement. This land has been purchased and all costs have been compiled.- This assessment is now on file in the office of the Village Clerk and open to public inspection, LAND ACQUISITION FOR STREET IMPROVEMENT BA-117 a. Frontage Road on the South sZde of Vernon 'Avenue between Lot 16, Block 4, Grandview Heights, and vacated Summit Avenue Assessment for the above improvement will be payable in twenty equal consecutive annual installments over a period of 20 years, the first year payable with the taxes for the year 1968, payable in 1969, with interest on the entire assessment at the rate of 6% per annum from the date of the resolution levying the assessment to December 31, 1969. To each subsequent installment will be added interest at the same rate for one year on all unpaid installments, You may pay the whole of the assessment without interest to the Village Treasurer on or before December 31, 1968. Motion for adoption of the 'resol'ution was seconded& Councilman Shaw and on rollcall No further statements will be issued. -there were five ayes and no nays and th'e resoluy6nhas adopted. ATTEST: . Mayor @&& d Village Clerk BUILDING CODES COMMISSION MEMBERS APPOINTED. Mayor Bredesen advised Council that Mr. Q. A. Collins and Mr. Arthur Dickey had agreed to serve as members of the newly established Building Codes Commission. Councilman Johnson's motion confirming the appointment of Messrs. Collins and Dickey was then seconded by Councilman Courtney and carried. ADVISORY TEEN RECREATION BOARD MEMBERS APPOINTED. Mayor Bredesen advised that he had made appointments to the Teen Age Advisory Board, whereupon Councilman Courtney's motion confirlning the following appointments was seconded by Councilman Shaw and car- rzed: Student Representatives: 10th Grade, Catherine Roy; 11th Grade, Peggy Naas'; 12th Grade, John Nord; Student Council, Dennis Hughes; Member at Large, Ronald Theis; Adult Representatives: William B. Ramsay, Park Board; Service Clubs, Robert J. Sher- man; Senior High PTA, Arthur B. Erdall (subject to his acceptance); Junior High PTA, Mrs. James Pollard; Churches, Herman J, Ratelle, Member at Large, Robert D. Kuenzli. Mayor Bredesen advised that he had not as yet made an appointment of the Private School Student Representative. ROBERT CARLSON STORM \?ATER DAMAGE CLAIM DENIED. Mr, Hite recalled that Council had been advised at its meeting of January 15 of a El'aim for damagks against the Village by Mr. Robert Carbon, 421 John Street. Mr. Hite advi'se'd that on the basis of his investigation he was of the opinion that the claim that improper street grading caused damage to Mr. Carlson's basement is unjustified and recommended that the claim be denied. Councilman Shaw and carried. c Councilman Courtney's m^otion' fbr' denial of the claim' was seconded by T. H. 100 AT VEST 70TH STREET SIGNAL MAINTENANCE AGkEEMENT APPROVED. upon recommen- dation of Mr. Hite, Councilman Shaw offered the following resolution approving Sup- plemental Agreement No. 1 to Agreement No. 53744 providing signal maintenance by the Minnesota Highway Department for the intersection of T. H. 100 at Vest 70th Street and moved its adoption: RESOLUTION BE IT RESOLVED by the Edina Village Council that the Mayor and Village Clerk be auth- orized to enter into Supplemental'Agreement No. 1 to Agreement No. 63744 with the Minnesota Department of Highways. Motion for adoption of the resolution was call there mere five ayes and no nays and the ATTEST : TRAFFIC CONTROL MAINTENANCE AGREEMENT 864-R TO BE AMENDED. Mr. Hite recommended that Maintenance Agreement 864-R with the Minnesota Department of Highways, which was approved by Council on August 15, 1966, be amended to include the traffic signal on T.H. 100 and W. 70th Street. Councilman VanValkenburg then offered the following resolution and moved its adoption: 2/5/68 RE SOLUTION BE IT RESOLVED by the Edina Village Council that MaiGtenance Agreement 864-R between the Minnesota Highway Department md the Village of Edina and which was approved by the Edina Village Council on August 15, 1-966, be amended to include the traffic signal on T,H. 100 at the intersection of 17. 70th Street. Motion for adoption of the resolution was there were five ayes and no nays and the ATTEST: Mayor 3L;a.L* Village Clerk LOT 6, BLOCK 20, &ORMANDALE ADDITION TO BE ACQUIRED. the Park Board has recommended the acquisition of Lot 6, Block 20, Normandale Addit- ion. purchased for $900 with special assessment of $70.50 to be paid by the Village. Councilmtk Shawls motioh approving acquisition of this property was then seconded by Councilman Johnson and unanimously carried. BIDS TO BE TAKEN FOR STORM SEWER 111. taken for Storm Sewer 111, Councilman Shaw offered the following resolution and moved its adoption: Me, Hyde advised Council that This property'is one of the last lots adjacent to Lake Cornelia and can be Upon recommendation of *hr, Hits that bids be ... RESOLUTION ASPROVING P'flANS AND SPECIFICATIONS FOR PROPOSED IMPROVEMENTS AND ' DIRECTING ADVERTISEME&' FOR BIDS 'I ~ FOR STORM SEWER NO. 111 BE IT RESOLVED BY THE VILLAGE COUNCIL, VILLAGE OF EDINA, MINNESOTA: 1. The plans and specifications for the proposed improGements set forth in the following Advertisement for Bids fohn, heretofore prepared by the Village Engineer 2, struction Bulletin the following notice for bids for improvements: - and now on file in the office of tKe Village Clerk are hereby approved. The Clerk shall cause to be published in the Edina-Morningside Courier and Con- (Official Publication) VILLAGE OF EDINA' I - HENNEPIN COUNTY, MINNESOTA ADVERTISEMENT' FOR BIDS ' STORM SEWER NO, 111 BIDS CLOSE MARCH 1, 1968- SEALED BIDS trill be received and opened in the Council Chambers in the Edina Village Hall, 4801 14, 50th St., at 11:OO' a.m.*, Friday, March 1, 1968, and the Edina Village Council will meet at 7:OO pea., on Monday, March 4, 1968, to consider said bids for the construction of Storm Sewer. The followihg are approximate quantities of major. items: 11,000 Lin. Ft. 12" thru 42" R.C.P., 0'-18' Depth 100 Each, Manholes and Catch Basins 40 ,DO0 Cubic Yards Pond Excavation - *. 1,000 Tons Bituminous Patching Mix 92 Double Pile Bents W&k must be done as described in plans and specifications on file in the office of the Village Clerk, Plans and specificatiohs are available Eo: a deposit of $25 (by check), with a bona fide bid. of at least ten (10) percent of amount of base bid. to reject any or all bids. - BY ORDER OF THE EDINA VILLAGE COUNCIL, Said deposit to be returned upon return of the plans and specifications No bids will be considered unless sealed and accompanied by - cash deposit, bid bond or certified check payable to the Village Clerk in the amount The Council reserves the right Florence B. Hallberg Village Clerk Motion for adoption of the resolution was Courtney, and on rollcall there were five ayes and no nays a J' ATTEST : I Mayor Village Clerk' $L/ A. ;&ldeeaec9 1 81 2/5/68 PORTIONS OF,LOTS 4, 5, AND 6, WILLARD'S SUBDIVISION F BLOCK 17, PlENDELSSOHN ADDITION TO BE ACQUIRED BY VILLAGE. Mr. Hite recommended that the Village acquire portions of Lots-4, 5, and 6, Willard's Subdivision of Block 17, Mendelssohn Addition between Tyler Court and Arthur Street in exchange for property owned by the Village which is no longer needed. moved its adoption: WHEREAS, the following described property is under consideration for conveyance, to- wit: Those parts of Lots 4, 5, and 6, Willardis Subdivision of Block 17, Mendelssohn, lying Northeasterly of a line running from the Southeast corner of Lot 6 to the North- vest corner of Lot 7, Willard's Subdivision of Block 17, Mendelssohn, according to the recorded plat thereof; also, The rear 12 feet'of Lot 21, Griffis Subdivision of Block 18, Mendelssohn, according to the recorded plat thereof on file or of reFord in the office of the Register of Deeds in an for Hennepin County; and WHEREAS, said conveyance contemplates the donation of the following lands to the Vil- lage of Edina, to-wi t : That part of Lots 2 and 3, Willard's Subdivision of Block 17, Mendelssohn, lying West- erly of a 1ine.drawn at right angles to the North line of said Lot 2 at a point on the North line of said Lot 2, 40 feet East of the Northwest corner of said Lot 2, ex- cept that part thereof lying Southwesterly and Westerly of a line running from the Southeast corner ofeLot 6, to the Northwest corner of said Lot 2, said Addition, and except that part of said Lot 2 described as beginning at the Northwest corner of said Lot 2; thence.East.on the North line thereof 20 feet; thence South at right angles to said North line to the intersection with the above described line drawn from the South- east corner of said Lot 6 to the Northwest corner of said Lot 2, thence Northwesterly along said line to point of beginning, all according to the plat thereof on file or of record in the office of the Register of Deeds in and for Hennepin County, Minnesota; also , That part of Lot 1, Villard's Subdivision of Block 17, Mendelssohn, lying Westerly of a line dravm Northerly, at right angles to the South line of said Lot 1, at a point on said South line 40 feet East of the Southwest corner of said Lot 1, together with that part of the East Half of vacated Dearborn Street adjoining said Lof: 1 and lying between the extensions across said street of the North and.South lines of said Lot 1, according to the recorded plat thereof on file or of record in the office of the Reg- ister of Deeds, Hennepin County, Minnesota; WHEREAS, a visual inspection of the premises has been made, and a discussion and ana- lysis of the question of such exchange has been made; and WHEREAS, the development of the first above-described property and all surrounding privately owned lands was ihoroughly analyzed; and WHEREAS, it is deemed to be in the best public interest that all of the first above- described property. NOW, THEREFORE BE IT RESOLVED by the Village Council of the Village of Edina, Minnes- ota, that the first above-described property is no longer needed by, or useful to, the Village; and that the Mayor of the Village and the Village Clerk with the attest- ation of the Village Clerk, be authorized and directed to execute and deliver a Quit Claim Deed conveying said land to the person entitled thereto and to do such other things and execute such other instruments as they, in their discretion, deem necessary and appropriate to effectuate the aforesaid exchange of lands. Motion for adoption of the resolution t7as ouncilman Johnson, and on roll- Councilman VanValkenburg then offered the following resolution and RESOLUTION call there were five ayes and no nays and the ATTEST: Mayor $L d,# 7!LLuL&, Village Clerk IEPROVED CROSSTOWN HIGHWAY LIGHTING REQUESTED. lighting on the Crosstown Highway particularly at the interchange areas is extremely inadequate and recommended that Council request installation of lights by the County. Councilman Shav then offered the following resolution and moved its adoption: RESOLUTION REQUESTING ADDITIONAL LIGHTS ON BE IT RESOLVED by.the Village Council of the Village of Edina that in. the .interest of public safety the Hennepin County Highway Department be urged to expedite its efforts to secure proper lighting along CSAH 62 with first priority to be given to the inter- change areas * Mr. Hite advised Council that the C.S.A.H. 62 ' - 2/5/68 Motion for adoption of the resolution was rollcall. there were five ayes and no nays ATTFST : Village Clerk - TWIN CITY LINES RATE INCREASE DEPLOREA Public Service Commission authorizing the Twin City Lines to increase student and service on certain routes on Saturdays, Sundays and holidays. motion deploring this action of the Public Service Commission which was taken with- out a public hearing was seconded by Councilman Johnson and carried. Hyde advised Council of a decision of the - suburban fares, to eliminate ['owl service5w and to eliminate or reduce frequency of Councilman Courtney's BLOOMINGTON BUS COMPANY ROUTE APPROVED. Mr. Hyde advised Council of a request by the Bloomington Bus Company to establish a new bus route which would originate in Bloomington and run on France Avenue to Southdale for a 25~ fare, and carried. BARR ENGINEERING COMPANY COMMENDED FOR NINE MILE CREEK WATERSHED PLAN, plan for the Nine Mile Creek Watershed District in a recent excellence in engineer- ing judging by the Minnesota Association of Consulting Engineers. E" RIGHTS COMMISSION AD HOC COMMITTEE TO BE APPOINTED BY MAYOR. Department of Human Rights recommending that the Village establish a local commis- sion to implement the Minnesota State Act Against Discrimination at the local level. Mr. Hyde also advised that the Edina Ministerial Association had supported his recommendation for the formation of an interim "Ad Hoc" committee to explore the need for a Human Rights Commission. that she represents the Women's International League for Peace and Freedom and advised that it is hoped that all suburbs would cooperate and work together in local groups. -.Mayor might be imbalanced. Mrs. Frances Sanford, 5320 W, 62nd Street, suggested "that the committee should be enlarged to fifteen members. who would accept it. Councilman Shaw's -motion approving establishment of this bus route was seconded by Councilman Courtney ... - Mr. Hyde -advised Council that the Barr Engineering Company was atgrand award winner for its - I. Mr. Hyde re- - called to Council that a letter had been received from the State of Minnesota Mrs, Yvonne Ford, 4831 Valley View Road, stated I She suggested that the committee proposed to be appointed by the Mayor Bredesen then seated that he would delegate his power to appoint the Ad Hoc Committee to anyone Mrs. Sanford advised that she had intended no criticism of Mayor Bredesen, his appointments and urged that he appoint this committee, inasmuch as it is his responsibility to the Council and to the eitizens of the Village. son then offered the following resolution and moved its adoption: Councilman Courtney stated that the Mayor has been fair in all of Councilman John- - RESOLUTION RESOLVED, that this Council establish an Ad Hoc Committee on Human Rights to con- -sider the implementation of the Minnesota State Act Against Discrimination and I that such Committee consist of seven members -- one'from the Council, one from the School Board, one from the League of Women Voters, one from the Ministerial Asso- ciation, one from the service groups and two members at large -- such members to be appointed by the Mayor, with the advice and consent of the Council; and FURTHER RESOLVE, that the Village Manager and the Superintendent of Schools be requested to advise and consult with such Committee; and RESOLVED FURTHER, that such Committee duly consider all relevant factors and make a report to the Counci1,swith appropriate recommendations, within ninety days after such members have been confirmed. Motion for adoption of the resolution was rollcall there were five ayes and no nays ATTEST: Mayor Village Clerk TAX FORFEITED LANDS DECLARED "NON-CONSERVATION AND FOR SALE". SOME TO BE ACQUIRED BY VILLAGE. of Tax Forfeited Lands together with the recommendation of the Park Board that the 'Village acquire Outlot 1, Edina Highlands Lakeside Addition, for storm water storage purposes and Lots 10 and 11, Block 11, Normandale Addition for park purposes. Councilman VanValkenburg offered the following resolution and moved its adoption: Mr. Hyde presented Hennepin County Land Commissioner's List #642-C" 2/5/68 RESOLUTION WHEREAS, the Village Council of the Village of Edina, Hennepin County, Minnesota, has received from the County Auditor of Hennepin County, Minnesota, a list of lands in said Village which became the property of the State of Minnesota under provision of the law declaring the forfeiture of lands to the State for non-payment of taxes, which said list has been designated as Classification List r642-C,y1 and IGJHEREAS, each parcel of land described in said list has heretofore been classified by the Board of County Commissioners of Hennepin County, Minnesota, as non-conservation land and the sale thereof has heretofore been authorized by said Board of County Com- missioners; NOW, THEREFORE, BE IT RESOLVED, by said Village Council, acting pursuant to Minnesota Statutes for 1957, Section 282.01, Subd. 1, that the said classification by said Board of County Commissioners of each parcel of land described in said list as non-conser- vation land be and the same is hereby approved and that the sale of each such parcel of land be and the same is hereby approved. The question 57as on the adoption of the r - were five yeas and no nays, and the resolutio of 2/19/68) ATTEST : -. Village Clerk V m * w RESOLUTION APPROVING ACQUISITION OF f23 TAX FORFEITED UNDS Councilman VanValkenburg then offered the following resolution and moved its adoption: BE IT RESOLVED by the Village Council of the Village of Edina that the Village Attor- ney be authorized and directed to file "Application by Governmental Subdivision for Conveyance of Tax Forfeited Lands," for the following described property contained in Hennepin County Auditor's List "642-C," said property to be used by the Village of Edina as hereinafter set forth: . Outlot I, Edina Highlands Lakeside Addition - Storm Water Storage Purpos'es Lots 10 and 11, Block 11, Normandale Addition - Park Purposes; and BE IT FURTHER RESOLVED that the Mayor and Clerk of this Village be, and hereby are, authorized and directed to sign said application on behalf of the Village of Edina. Motion for adoption of the resolution was then rollcall there were five ayes and no nays and ATTEST: 4 .llage Clerk THIRTY-FIVE MILE SPEED LIMIT TO BE ESTABLISHED FOR VERNON AVEMUE. Upon recommendation of the Traffic Safety Committee that a 35 mile speed limit be established for Vernon Avenue (County Road 158) Councilman Johnson offered the following resolution and moved its adoption: F33 SOLUTION BE IT RESOLVED BY THE EDINA VILLAGE COUNCIL that the Hennepin County Highway Depart- ment be requested to establish a 35 mile speed limit on Caunty-Raad 158 -(Ve&on-Avenue). Motion for adoption of the resolution was sec there were five ayes and no nays and the reso aw and on rollcall - ATTEST : - PG.d. Village Clerk TRAFFIC SIGNAL COST SHARING AGREE,MENT WITH HENNEPIN COUNTY APPRO=. mendation of Mr. Hite, Councilman VanValkenburg offered the following resolution re- questing state aid funds for the Village share of the cost of installing traffic signals at France Avenue at West 58th Street and West 76th Street and moved its adop- tion. RESOLUTION Upon the recom- - I - WHEREAS, both W. 58th Street and W. 76th Street at their intersections with Hennepin County Road 17 (France Avenue) are designated as Municipal State Aid Streets under the provisions of Minnesota law; and WHEREAS, the County of Hennepin and the Village of Edina deem it necessary to install traffic signals at these two intersections and have entered into a cost sharing agree- ment for such installations by Hennepin County; and .L :34 i 2/5/68 WHEREAS, Ed,aa is to pay 75% of the cost of install-ag these signals; NOT?, THEREFORE, BE IT RESOLVED, by the Village Council of the Village of Edina that the Commissioner a€ Highways of the Minnesota Highway Department be requested to authorize the use of- a portion of the Village of Edina's annual State Aid allotment to pay for the Village of Edina's share of these traffic signal installations. Motion for adoption of the resolution was s .there were five ayes and no nays and the re Councilman Shaw and on rollcall L* EDINA BASKETBALL TEAM CONGRATULATED UPON BREAKING STATE C,HAMJ?IONSHIP RECORD. man Courtney offered the following resolution and moved its adoption: Council- . RESOLUTION OF CONGRATULATIONS TO EDINA BASKETBALL TEAM WHEREAS, the Edina High School Basketball Team has won sixty-six consecutive games; and VHEREAS, this winning streak has exceeded the number of consecfltive wins of any >inn- esota high school basketball team and a new record is being set by this outstanding team; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council, on behalf of the citizenry of the Village of Edina as a whole, do offer their wholehearted congratulations to ector Howard Merriman for the outstanding performance of ability and sportsmanship exhibited by the team; and BE IT FURTHER RESOLVED that all best wishes for continued success in the Minnesota State Basketball Tournament be extended by this Council to the 1968 Edina Basketball Team. - Motion for adoption of the resolution was -the team, Coaches Duane Baglien, Bob Savre and Oscar Haddorff, and to Athletic Dir- A~TEST : Mayor // $L L., Village Clerk COUNCILMAN COURTNEY CONGRATULATED UPON BECOMING ASSISTANT PRINCIPAL AT WASHBURN HIGH SCHOOL. Councilman Johnson offered the following resolution and moved its adoption: RESOLUTION OF CONGRATULATIONS BE IT RESOLVED that the Edina Village Council extend its heartiest congratulations to Councilman C. Wayne Courtney upon his appointment as Assistant Principal o€ Wash- burn High School after serving as a Motion for adoption of the ATTEST: dL-- d. h Village Clerk WAYNE BENNETT COMMENDED ON ANNUAL REPORT FOR THE DEPARTMENT OF PUBLIC SAFETY. Council- man Shaw's motion commending the Director of Public Safety for the excellente of his 1967 Annual Report on the Department of Public Safety was seconded by Councilman Van- Yalkenburg and unanimously carried. GOLF COURSE FUND FOR YEAR ENDED DECEMBER 31, 1967, was presented by Mr, Dalen, review- man Shaw and carried, ! -ed and ordered ptaced on file by motion of Councilman Courtney, seconded by Council- _CLAIMS PAID. Motion of Councilman Courtney was seconded by Councilman Shaw and car- ried for payment of the following claims as per pre-list: General Fund, $27,822.48; Construction Fund, $979.92; Park Park Construction, Swim Pool, Arena and Golf Course, $35,394.78; Water Fund, $1,074.38; Liquor Fund, $44,078.66; Sewer Revtal Fund, $2,241.- 88; Improvement Funds $304.50; Total, $111,896.60; and for confirmation of payment of the following Claims: struction, Swim Pool, Arena and Golf Course, $1,309.26; Water Fund, $3,516.57; Liquor No further business appearing, Councilman VanValkenburg's motion for adjournment t7as seconded by Councilman Courtney and carried. General Fund, $42,301.86, Construction Fund, Park, Park Con- - Fund, $53,903.36; Total, $101,031.05, Adjournment at 10:40 p.,m, J!b.-G Village Clerk