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HomeMy WebLinkAbout19680318_regularMINUTES OF THE REGULAR-MEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON MONDAY, MARCH 18, 1968 Members answering rollcall were CoanCilmen Courtney, Johnson and VanValkenburg:,- who served as Mayor Pro Tem in the absence of Mayor Bredesen. MINUTES of the meeting of March 6, 1968, were approved as presented by motion of Councilman Johnson, seconded by Councilman Courtney and carried. ORDINANCE NO. 261-158 GRANTED FIRST READING. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hoisington presented the request of Triple A Investment Company for-zoning change of the Hedberg prop- erty located on the northwest corner of Parklawn Avenue and France Avenue. It is proposed to construct two office buildings on the site encompassing approximately 27,000 square feet of office space. Mr. Hoisington indicated that Office Build- ing zoning is anticipated all along France Avenue and that the Planning'Commission has recommended approval. Mr. Wayne Vanderborn, attorney for Triple A Investment Company, appeared in man Courtney offered AN BY u3 support of the request. Ordinance 261-158 for First Reading as follows: ORDINANCE AMENDING OWINANCE NO. 261- REZONING PROPERTY FROM R-1 DISTRICT NO objections being heard, Council- ,ORDINANCE NO. 261-158 TO OFFICE BUILDING DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE-OF EDINA, MXNNESOTA, ORDAINS: Section 1. Paragraph 2, "Boundaries of Office Building DistrictYK' Section 8, "Office Building District" Ordinance No. 261 of revised ordinances of the Village of Edina, as amended, is hereby further amended by adding the following aY u u - subparagraph: "(y) That part of the East 1/2 of the Southeast 1/4 of Section 31, Township 28, Range 24, Hennepin County, Minnesota, described-as follows: Commencing.at the Northeast corner of said tract; then West 350 feet; thence South 330 feet; thence East-350 feet; thence North 330 feet to the-place of beginning, except roads." Section 2. This Ordinance-Ghall be in full force and effect immediately after its passage and publication according to law. PUBLIC HEARINGS CONDUCTED ON VARIOUS IMPROVEMENTS. March 8, and of publication in the Edina Sun on March 7 and 14, 1968, were pre- sented by Clerk, approved as to form and drdered placed on file. Puzsuant to due notice given, public hearings were conducted and action taken by Council as hereinafter recorded. Affidavits of Mailing on A. CONSTRUCTION OF SANITARY. SEWER P-Ss-266 AND APPURTENANCES IN THE FOLLOWING: Washington Avenue from County Road No. 18 to North Frontage Road of Highway No. 494. Washington Avenue from County Road No. 18 to-North Frontage Road of Highway No. 494. County Road No. 39 from County Road No. 18 to Washington Avenue. Washington Avenue from County Road No. 18 to North Frontage Road of Highway No. 494. Vashington Avenue from County Road No..18 to North Frontage Road of Highway B. CONSTRUCTION OF WATERMAIN P-WM-228 AND APPURTENANCES IN THE FOLLOWING: C. CONSTRUCTION OF GRADING AND GRAVELING IN THE.FOLLOWING: - c .-I D. CONSTRUCTION OF PERMANENT- STREET SXJRFACING .AND -CONCRETE CURB AND GUTTER -IN : NO. 494. 9. L \ -.7 The above improvements being assessed against the same properties, all hearings were conducted simultaneously. Mr. Hyde presented total estimated construction cost of P-SS-266 at $130,104.56, proposed to be assessed against 5,314.23 assess- able feet at a cost of $8.73 per assessable foot. Total estimated construction cost for Watermain P-WM-228 was presented at $128,911.64, proposed to be assessed against .;5,314.33 assessable feet at a cost of $8.65 per assessable foot. Total estimate$ construction cost for P-C-94 was presented by Mr. Hyde at $212,294.66, proposed to be assessed against 5,314.33 assessable feet at an estimated cost of $14.25 per assessable foot. presented at $330,014.25, proposed to be-assessed against 5,314.33 assessable . feet at an estimated cost of $22.15 per assessable foot. It was pointed out that petitions have been received for these improvements which are necessary because of the proposed industrial development in the area. Approval of the improvements would be contingent upon execution of a cost sharing,agreement between the Village with Eden Prairie and with.Bloomington and further upon Planned Industrial zoning for the adjacent Eden Prairie property. Total estimated construction cost for P-BA-127 was 3/18/68 .i' Mr. Hite noted that this sanitary sewer would be connected to the trunk sewer which Eden Prairie is considering some time after 1972. of the improvements would be prohibitive in the event that Eden Prairie were not fnvolved. Mr. Hite indicated that because there is some question as to the capacity of the Edina trunk sewer in the event that multiple dwellings are constructed in western Edina, the Planning Commission has been requested to withhold mulciple zoning in that area. Only three Counci.1 Members being present, Councilman Johnson's motion that the hearing he continued to the meeting of April 1, was seconded by Councilman Court- ney and carried. E. CONSTRUCTION OF WATERMAIN P-WM-229 AND APPURTENANCES IN THE FOLLOWING: West 70th Street from 1310 feet East of France Ave. to York Ave. F. CONSTRUCTION OF GRADING AND GRAVELING P-C-96 IN THE FOLLOWING: He further noted that the cost Discussion ensued as to the capaciity of the Edina trunk sewer. ." I - West 70th Street from France Avenue to Xe.rxes Avenue York Avenue from West 69th Street to Vest 70th Street. Improvements listed under E and F. above being assessed against the same properties, hearings were conducted simultaneously. ject cost for Watermain P-229 at $7,488.88, proposed to be assessed against 1,071.5 feet at an estimated cost of $6.99 per assessable foot. mated project cost of P-C-96. at $81,692.00, proposed to be assessed against 5,291.80 estimated assessable feet at an estimated cost of $15.15 per assessable foot. Hite indicated that this is presently zoned R-1 but long range plans are for off- ice, industrial or multiple zoning. cilman Johnson's motion continuing the hearing to April 1, 1968, was seconded by Councilman Courtney and carried. G. CONSTRUCTION OF SANITARY SEWER AND STORM SEWER IMPROVEMENT NO. P-269 AND APPUR- Mr. Hyde presented total estimated pro- He presented total esti- Mr. Only three Council Members being present, Coun- e TENANCES IN Nordic Circle. Nordic Circle. H. CONSTRUCTION OF WATERMAIN IMPROVEMENT NO. P-226 AND APPURTENANCES IN Improvements P-SS-269 and P-WM-226 listed above affectfng the same properties, public hearings were conducted concurrently. Mr. Hyde presented total estimated project cost for Sanitary Sewer and Storm Sewer P-SS-269 at $16,729.28, proposed to be assessed against 8 assessable lots of $2,091.16 per lot. Estimated const- ruction cost of Watermain P-226 was presented by Mr. Hyde at $8,969.80, proposed to be assessed at an estimated cost of $1,121.22 against 8 assessable lots. Mr. Hyde noted that these improvements will serve Nordic Drive and the temporary kin- dergarten buildings. Mr. Hite advised that petitions have been received and that both improvements can, therefore, be approved by 3/5 rollcall vote. (See resolu: tion Ordering Improvements later in Minutes.) I. CONSTRUCTION OF SANITARY SEWER P-265 AND APPURTENANCES IN THE FOLLOWING: I -". Lee Valley Circle from West 70th Street Southbrly and Westerly 750 feet f or -. Lee Valley Circle from West 70th Street to West 70th Street. -I J. CONSTRUCTION OF WATERMAIN P-227 AND APPURTENANCES IN Items I and 3 being assessed against the same properties, both hearings were con- ducted simultaneously. tary Sewer P-265 at $14,985.59, proposed to be assessed against ten estimated assessable lots at $1,498.56 per lot.. No. P-227 was presented at $9,294.88, proposed to be assessed against an estimated ten assessable lots at an estimated cost of $929.49 per assessable lot. Mr. S. W. Carbon, 7009 Lee Valley Circle, noted that an additional lot should be ass- essed. approved, but that if it is approved the assessmentsshould be spread over eleven lots. Mr..Hite further noted that a petition hadvbeen received which represents seven out of'eleven property owners. lution Ordering Improvements later in Minutes.) R. GONSTRUCTION OF SANITARY SEWER P-267 AND APPURTENANCES IN THE FOLLOWING: Mr. Hyde presented total estimated project cost of Sani- Total estimated project cost for Watermain He was advised by Mr. Hite that the division of Lot 3 had not as yet been No further discussion was heard. See Reso- I 1- Gleason Road from North line of Lot 2,eBlock 1, Schey's Park View 3rd Addi- tion -to -Loch Moor Drive. Gleason Road from Schey Drive to Loch Moor Drive. L. CONSTRUCTION OF STREET IMPROVEMENT P-C-95 in 1 Improvements listed under K and L above being assessed against the same properties, hearings were conducted concurrently. cost for Sanitary Sewer P-267 at $9,195.55, proposed to be assessed against ten estimated assessable lots at an estimated cost of $919.56 per assessable lot. Total estimated project cost for Grading and Graveling Improvement P-C-95 was pre- sented by Mr. Hyde at $38,633.11, proposed to be assessed against an estimated 2,558.19 feet at $15.10 per estimated assessable foot. Mr. Hyde further noted Mr. Hyde presented total estimated project ' 53 d 3/18/68 u3 a u w that 100% of the grading and graveling cost may be paid from Municipal State Aid Tax Funds. Mr. Ralph Courselle representing St. Patrick's Church questioned the alignment of the road. He was advised by Mr. Hite that a definite alignment had not yet been determined. sewer connections will be necessary, but recommended that the project be author- ized as proposed with the assessment adjusted at the time of the assessment .hearing. to a question of Mr., Robert Lillestrand, 7104 Dunham Road. members being present, Councilman Johnson's motion to continue the hearing to April 1, 1968, was seconded by Councilman Courtney and carried. Mr. Hite pointed out that it is not known how many Mr. Hite then explained the proposed grade in the road in response Only three Council M. CONSTRUCTION OF SANITARY SEWER P-268 AND APPURTENANCES on ameasement line 75 feet East of-the East line of Crocker Avenue from West 42nd Street to 410 feet North. Mr. Hyde presented total estimated project cost at $10,032.33, proposed to be assessed against 4 estimated assessable lots at an estimated cost of $2,508.08. per" lot and advised Council that a petition had been received for this improvement. (See Resolution Ordering Improvement later in Minutes.). N. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER P- BA-117 IN THE FOLLOWING: East Frontage Road of County Road No. 158 (Vernon Avenue) from North line of Enroth's First Addition to 540' North. Mr. Hyde presented total estimated project cost at $17,000.00 proposed to be assessed against an estimated 32 assessable lots at an estimated cost of $531.25 per assessable lot. Mr. Hyde noted that the land for this street has already been acquired and that some portions of lots 15 and 16, Grandview Heights Add- ition, will be deeded to the Village for road purposes. He further advised that it is proposed to assess the total cost on a 20 year basis. members being present, Councilman Johnson's motion that the hearing be continued to April 1, 1968, was seconded by Councilman Courtney and carried. Johnson then offered the following resolution and moved its adoption: Only three Council Councilman RESOLUTION ORDERING IMPROVEMENTS SANITARY SEWERS 269, 265, and 268, AND WATERMAINS 226 and 227 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each parcel within the area proposed to.be assessed on the following proposed improvements: 1. CONSTRUCTION OF SANITARY SEWER AND APPURTENANCES in Nordic Circle 2. CONSTRUCTION OF WATERMAIN AND APPURTENANCES in Nordic Circle 3., CONSTRUCTION OF SANXTARY SEWER AND APPURTENANCES IN THE FOLLOWING: Lee Valley Circle from West 70th Street Southerly and Westerly - 750 feet + or -. 4. 5. CONSTRUCTION OF SANITARY SEWER AND APPURTENANCES IN THE FOLLOWING: CONSTRUCTION OF WATERMAIN AND APPURTENANCES in Lee Valley Circle from West 70th Street to West 70th Street. On an easement line 75 feet East of the East line of Crocker Avenue from West 42nd Street to 410 feet North. and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts, does hereby determine to proceed with the construction of said improvements including all proceedings which.may be nec- essary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvements; that said improvements are hereby designated and shall be referred to in all subsequent proceedings as follows: No. 1 Above SANITARY SEWER NO. 269 No. 2 Above WATERMAIN NO. 226 No. 3 Above SANITARY SEWER NO. 265 . No. 4 Above WATERMAIN NO. 227 No. 5 Above SANITARY SEWER NO. 268 I and the area to be specially assessed for Sanitary Sewer 269 and Watermain 226 above includes Lots 2, 3, 4, 5, and 6, Block 1; Lots 1, 2, and 3, Block 2, all in Nordic Circle; for Sanitary Sewer No. 265 and Watermain No. 227 above in- cludes Lots 1, 2, and 3, Block 1, Lots 1 and 2, Block 2, and Lots 1, 2, and 3, Block.3, all in Carolane Addition; for Sanitary Sewer 268 above, all that part of Lot 15, William Scott's Addition lying South of the North 155 feet. Motion for adoption of the resolution was seconded by Councilman Courtney and I 1 3/18/68 VERNON AVENUE FRONTAGE ROAD LAND ACQUISITION (BA-117) ASSESSmNT APPROVED. Affidavits of Publication and Mailing were presented by Clerk, approved as to form and ordered placed on file. showing total assessable cost at $61,819.93, proposed to.be assessed over 20 years equally between Grandview Construction Company and Gerald Paulson, with interest at the rate of 6% per annum. No objections being heard, Councilman Courtney offered the following resolution and moved its adoption: Mr. Hyde presented Analysis of Assessment , RESOLUTION ADOPTING AND CONFIRMING SPECIAL ASSESSMENT LEVIED ON ACCOUNT OF STREETi IMPROVEMENT BA-117 BE IT RESOLVED by.the Village Council of the Village of Edina, Minnesota, as follows: 1. The Village has given notice of hearing- as required by law on the proposed. assessment roll for Street Improvement BA-117 and at such hearing held on March 18, 1968, has considered all oral and written objections presented against the 2, ment to be payable in 1969, and all unpaid installments shall bear interest at the rate of 6% per annum. , 3, a eopy of this resolution and a certified duplicate of said assessments, with. each then unpaid installment and interest set forth separately, to be extended 4. The Clerk shall also mail notice of any special assessments which may be payable by a county, by a political subdivision or by the owner of any right of way, as required by Minnesota Statutes, Section 429.061, Subdivision 4, and if any such assessment is not paid in a single installment,.the Yillage Treasurer shall arrange for collection,thereof in installments, as set forth in said section, ' levy of such assessment. The assessment shall be payable in 20 equal installments, the first install- . The Village Clerk shall forthwith prepare and transmit to the County Auditor ~ on the tax lists of the County in accordance with this resolution. Motion for adoption of the resolution rollcall there were three ayes and no 0 ATTEST: was seconded by Councilman Johnson and on HIGHWAY PLAN 7-6 APPROVED. struction of Highway 100 between the North Village Limits and Valley View Road noting that it is now proposed to construct six traffic lanes on the maip high- way and with two lane frontage roads on each side of the main highway. also proposed to remove all houses located on T. Ii. 100 between Eden Avenue and Valley View Road, providing for a greater separation between traffic lanes and the fro-ntage roads plus a landscape area along both sides of the highway. The right of way lines would follow existing rear lot lines. Mr. Hite indicated that these layout plans need to be approved by Council, whereas right of way plans are submitted for informational purposes only. Construction drawings, a refinement of the layout plans, will be presented for Council approval at a later date. Mr. Hite then presented the highway profile, disucssing the loca- tions at which the grade will be changed appreciably.. Mr. George Taylor, 4368 Vernon Avenue, was advised that it is necessary to raise the highway at West 44th Street in order to provide greater visibility on the highway. question of Mr. Robert Tweedy, 4929 West Sunnyslope Road, Mr. Hite advised that there will be no service roads north.of 50th Street. Mr. Charles Parten, 5001 Moore Avenue, was advised that the grade at Bfoore Avenue would not be changed appreciably. that his home would be removed. would have been only 33' frog t€ie road under the old plan and considerably closer under plan.7-6. by Mr. Hyde that he need not start looking for a new home until he,is contacted by the Highway Department. Mr. George Nissen, 4366 Vernon Avenue,.was advised by Mr. Rfchard Sullivan of the Highway Department that the Village.wil1 be ex- pected to pay for curb and gutter on the Village side of the Frontage Roads, and that the Village might in turn assess the cost to the abutting residents. He introduced Mr, Kenneth Anderson, Highway Designer, and Mr. Don Manley, Right of Way Engineer, who reviewed the work which had been done and indicated that it is hoped that appraisals will be completed by October or November, 1968. Highway Department representatives pointed out that they had complied with a number of requests for additional taking of land with regard to right of way acquisition. more land than necessary and that this land can be reconveyed at a later date, Mr. Hite presented Layout 7-6 showing plans for con- 7t is In reply to a Mr. Ernest Coursolle, 5516 Normandale Road, protested the fact Mr, Hite pointed out that Mr. Coursolle's home An unidentified gentleman in the audience was advised I They pointed out that the Highway Department would prefer to take I. 3/18/68 Mr.-0. B. Campbell, 5917 Normandale Road, was advised of the location of the cen- terline near his home. Mr. Robert Coppess, 5512 Normandale Road, urged that final plans be made so that property owners would know where they stand and whaf plans they should make. Mr. W. E. Flumerfeldt, 4911 Sunnyside Road, requested that some action be taken to preserve an oak tree in his back yard which he feels will be threatened by the temporary roadway adjacent to his property. Mr. Samuel Rogers, 4900 West 60th Street, expressed concern about the possibility of his assessment, for three streets abutting his propersty. that he would only need pay full assessment on the street his home faces plus partial assessments on the other *frontages. it appears that Plan 7-6 offers the.greatest good for the greatest number of people. He then recommended that Council approve Plan 7-6 and accept respons- ibiliry for maintenance of the right of way areas beyond the fence subject to Village approval of the landscape plans for these areas. He further recommended that the Highway Department be urged to move expeditiously to complete appraisals as quickly as possible and to make every effort to reroute the temporary access' to save the Flumerfeldt's tree.. Councilman Johnson then offered the following resolution and moved its adoption: He was assured by Mr. Hite Councilman Johnson then stated that RESOLUTION APPROVING Ln chl u rg LAYOUT 7-6 for T. H. 100 improvement of a part of Trunk Highway Number 130 renumbered as Trunk Highway Number 100 within the corporate limits of the Village of Edina from the North Corporate Limits to CSAH 62; and of Highways, Saint Paul, Minnesota, being marked, labeled, and identified as Layout No. 7-6 S.P. 2733-25, S.P, 2734-12 (T.H. 100-130) from Valley View Road to 42nd Street and ified are also on file in the office of the Village Clerk; and of this resolution shall be deemed and intended to mean, refer to, and to incor- porate the preliminary plans as in the foregoing recitals particularly ident- ified and described; of Trunk Highway Number 130 renumbered Trunk Highway Number 100 within the limits of the Village of Edina be and hereby are approved. AND BE IT FURTHER RESOLVED that the Standard Resolution be amended to reflect the fact that the Village of Edina achepts the responsibility of maintaining those portions of the right of way located outside of the Frontage Road areas aubject to approval of landscape plans, and that the State Highway Department be requested to move expeditiously and that every effort be made to proqect and preserve the large oak tree located on the property of Mr. and Mrs. Walter E, Flumerfeldt at 4911 Sunnyside Road. Motion for .adoption of the resolution was seconded by Councilman Courtney and on rollcall there were three ayes and no n WHEREAS the Commissioner.of Highways has prepared preliminary plans for the WHEREAS said preliminary plans are on file in the office of the Department WHEREAS copies of said preliminary plans.as so marked, labeled, and ident- WHEREAS the term "said preliminary plans" as hereinafter used in the body NOW, THEN, BE IT RESOLVED that said preliminary plans for the improvement W LOT 2, BLOCK 1, FARMER'S FIRST ADDITION DIVISION DENIED. Mr. Hyde recalled to Council that the matter of the division of Lot 2, Block 1, Farmer's First Add- ition had been continued from January 15, 1968. Division of this property had been requested by Mr. Wm. J. Milner who had purchased this double bungalow jointly with his sister who resides on the other side. Mr. Kearns feels that he can legitimately give homestead exemptions to each side. of Mr. Hyde, Councilman Courtney's motion to deny the lot division but to allow a homestead exemption for each side was geconded by Councilman Johnson and carried. Upon recommendation PORTION OF MILDRED AVENUE VACATION.APPROVED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hite presented the request of Mrs. Genevieve Cardarelle for vacation of a portion of Mildred Avenue in James A. Roberts Estate. to the Crosstown Highway is no longer necessary, the following resolution vacating this portion of Mildred Avenue as recorded by Mr. Hite and moved its adoption: He pointed out that this unopened street adjacent Councilman Johnson then offered RESOLUTION VACATING A PORTION OF MILDRED AVENUE WHEREAS, two weeks' published, posted and mailed notice of a Hearing to be held on March 18, 1968, at 7:OO p.m., on the proposed street vacation herein- after 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 3/18/68 ' Edina, Hennepin County, Minnesota, that the following described,portion of Mil-: dred Avenue be and is hereby ~acated effective April 17, 1968, unless on or before said date this resolution is *ended, annulled or rescinded by the Village Council : ... That part of Mildred Avenue lying adjacent to that part of Lot 8, Block 5,."James A. Roberts Estate," according to the recorded plat thereof, lying north of a line described as passing through a point on the East line of said lot distant 36.48 feet South of the Northeast corner of said lot and passing through a point on the Westerly line of lot distant 47.35.feet-Southeasterly of the Northwest corner of said lot, as meas- ured along the Westerly line of said lot. Motion for adoption of the resolution was seconded by on rollcall there were three ayes and no nays - .. ROAD EASEMENT VACATED IN PROPOSED GENEVIEVE ADDITION. presented by Clerk, approved as to form and ordered placed on file. noted that vacation of this easement has been requested by Mrs. Genevieve Car- darelle and that there is no reason to retain the easement. Councilman Johnson then offered the following resolution, as recommended by Mr. Hite, for vacation of the road eaeement and moved its adoption: Affidavits of Notice were Mr. Hite I RESOLUTION. VACAT-ING ROAD. EASEMENT . . WHEREAS, two weeks' published, posted and mailed notice of a Hearing to be held on March 18, 1968, at 7:OO p.m., on the proposed vacation of the road 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, Hennepin County, Minnesota, that the following described road easement be and hereby is vacated effective April 17, 1968, unless on or before said date this resolution is amended, annulled or rescinded by the Village Council: - That part of Section 4, Township 116, Range 21, commencing at a point 286.8 feet South of a point 746.25 feet East from the Northwest corner of Government Lot 1; thence South 184 feet; thence West 236 feet; thence Northeasterly 297 feet to beginning except that part lying within Valley View Road. on rollcall there were three ayes and no nays GENEVIEVE ADDITION GRANTED PRELIMINARY PLAT APPROVAL. Mr. Hite presented the request of Mrs. Genevieve Cardarelle for preliminary approval of Genevieve Addition, advising that this matter has been continued fromMarch 6, 1968. He recommended that preliminary approval be granted, providing that final approval be withheld pending approval of a lot depth variance by the Board of Appeals. Councilman Courtney then offered the following resolution and moved its adoption. RESOLUTION GRANTING,PRELIMINARY APPROVAL FOR GENEVIEVE ADDITION . . BE IT RESOLVED by.the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Genevieve Addition,It platted by Genevieve Car- darelle and presented at the Council Meeting of the Village of Edina of March BE IT FURTHER RESOLVED that final approval be withheld pending approval .18, 1968, be granted preliminary approval, and of a lot depth variance by the Board of Appeals. Motion for adoption of the resolution was se on rollcall there were three ayes and no nay - <- . . I. . .1 ts u U 3/18/68 EDEN PRAIRIE PLANNING MEETING on March 19, 1968, will be attended by Mr. Hite who was appointed to represent the Village by motion of Councilman Johnson, seconded by Councilman Courtney and carried. PETITIONS RECEIVED. 5005 and 5913 Bedford Avenue and fo? permanent alley surfacing between Bedford and Oxford Avenues north of West 51st Street were accepted for processing by motion of Councilman Johnson, seconded by Councilman Courtney and carried. - Petitions requesting the vacation of an alley between BEER AND CLUB LIQUOR LICENSES APPROVED. license applications were presented by Clerk and approved as indicated by motion of Councilman Courtney and seconded by Councilman Johnson: Club Liquor Licenses: On Sale Beer Licenses: Biltmore Lanes, Braemar Golf Course, Edina American Legion Post Jl471, Edina Country Club, Interlachen Country Club, Normandale Golf, Southdale Pro Bowl, Taco Towne, Village Inn; Off Sale Beer Licenses: Dennison's Dairy Store, Griffen Pharmacy, Jerry's Super Center, Kenny's Market, National Food Stores at 3945 West 50th Street and 4508 Valley View Road, Morningside Grocery (Pending Health Department Approval),-Olson Brothers Pharmacy, Park 'n Shop, Pixy Pak Foods, Ray's Dairy Store, Red Owl, Southdale Pro Bowl, Walgreen's and Village Inn. The motion was carried, with Councilman Johnson abstaining from voting. The following beer and club liquor Edina Country Club and Interlachen Country Club; CHEROKEE SALES HEARING DATE SET FOR PCLl(4) ZONING AT GLEASON ROAD AND CROSS- TOWN HIGHWAY; WESTERN EDINA COMMERCIAL DEVELOPMENT DISCUSSED GENERALLY. Mr. Hoisinnton advised Council that Plannini Commission had recommended denial of commercial zoning requests of Johnson. aid Burton at the N.W. quadrant of Tracy Avenue and the Crosstown Highway, of Hoben Properties on the S.W. quadrant of Vernon Avenue and Olinger Road and of Cherokee Sales at the northeast quadrant of Gleason Road and the Crosstown Highway. record that, while he takes no position with respec.t to these three properties, he is disappointed that there is not some place on the fringes of western Edina to construct a commercial facility .to serve the people who live in that area. Mr. Hyde noted that the Staff Report showed that a need may exist, but that Planning Commission had not concurred with the Staff Report and that pub- lic reaction was vehement in opposition to any commercial facility in western Edina. Mr. Hoisington pointed out that one petition for commercial zoning near County Road 18 had been withdrawn with an indication that it would be resubmitted at a later date. He noted that, in his opinion, the door is still open for possible commercial development along County Road 18. representing Cherokee Sales, stated that he feels that there is a.definite need for a commercial area in western Edina at the present time and that this need will increase as the area becomes more densely populated. commercial development should be permitted at the northeast quadrant of Gleason Road and the Crosstown Highway because there are no nearby houses and because Cherokee Sales proposes to dedicate the portion of its property closest to the Mud Lake area to the Village, He further stated that Planning Commission had "given in to the hostile people'' sho were represented at the meeting at which the zoning was discussed. Mr. Hite pointed out for the record that the staff fully supports the recommendation of the Planning Commission with respect to the Cherokee Sales and Johnson and Burton proposals and noted that neither location would be appropriate for a typical shopping center. Upon the sugges- tion of Mayor Pro Tern VanValkenburg, Councilman Johnson's motion setting public hearing for rezoning the Cherokee Sales property for May 6, 1968, was seconded by.Councilman Courtney and carried. Mr. Whitlock then recommended that Johnson and Burton and Hoben Properties be advised that the report of the Planning Commission has been accepted, but that a public hearing will be held if they still desire a zoning change. Councilman Johnson noted for the Mr. John Crouch, . He advised that M. P. JOHNSON'S I AND I1 ADDITIONS TO PROSPECT HILLS PRELIMINARY PLAT APPROVAL HEARING DATE was set for April 1, 1968, by motion of Councilman Courtney, sec- onded by Councilman Johnson and carried. LAGUNA DRIVE STREET VACATION MATTER TO BE TAKEN TO COURT. Attorney Whitlock advised Council that Mr. Richard Crist's attorneys have started proceedings on behalf of the heirs of the dedicators of the park property which has been set for April 2, 1968, asking to have the certificate amended to show that it covers the north half of the vacated Laguna Drive. It is then proposed that the heirs of the dedicators give a deed of the fee in favor of the Village for the north half of the vacated portion of Laguna Drive, subject to a private road ease- ment in favor of the Crist property. Village should'do would'be to enter an answer advising that it is our position that the north half of the vacated portion of Laguna Drive is already subject Mr. Whitlock advised that all that the J 58; i 3/18/68 to an easement in favor of the Village for park purposes and that being the case, no additional easements can be granted to the Crist property. the Village will not accept the fee to this one-half of the street which should rep main on the tax rolls. position of the Village be submitted to the Court and offered the following reso- lution: If the Village c Attorney is incorrect in this assumption, the court should then be advised that 1 Councilman Courtney then moved that a statement of the ! RE SOLUTION RESOLVED that the Village Attorney advise the Clerk of District Court that the Village of Edina will refuse to accept the tendered fee to the deed covering the north one-half of vacated Laguna Drive, and RESOLVE further that the Village Attorney be instructed to file an 'answer stating that the Village's position is that the north one-half of the vacated portion of Laguna Drive is already subject to an easement in favor of the Village for park purposes. Motion for adoption of the resolution was seco rollcall there were three ayes and no nays and m LOT I, BMCK.13, CLEVELAND'S SUBDIVISION OF BLOCKS 2, 3, 4, .13, 14 AND 15, EMMA ABBOTT PARK ACQUISITION APPROVED. agreement for the purchase of Lot 1, Block Mr. Hyde requested authority to enter into an 2; 3, 4, 13, 14, aid. 15, Emma Abbott Park. is the site of a delapidated house and can ,Councilman Courtney's motion approving the Johnson and unanimously carried. 13, Cleveland's Subdivision-of Blocks This pFoperty, at 4400 Rutledge Avenue, be purchased for $5,000 for park purposes. acquisition was seconded by Councilman T MOTOR STREET NAME CHANGE HEARING DATE SET. name change for Motor Street between Brookside Avenue and Rutledge Avenue.to "Brookside Court," Councilman Courtney's motion setting hearing date for April 1, 1968, was seconded by Councilman Johnson and carried. TRACT B, R.L.S. 519 TO BE-RETURNED TO STATE PROVIDED EASEMENT IS GRANTED. Mr. Hyde advised Council of a request of Countryside Services, Inc,, to purchase Tract By R.L.S. 519, which had,been acquired by the Village through' tax forfeiture for drainage purposes. Mr. Rite recomnended return of all but the easterly 70 feet of this lot to the State of Minnesota for resale. Whereupon Councilman Courtney off- ered the following resolution and moved its adoption: Upon being_advised of a request for . ' RESOLUTION WHEREAS, that part of Tract By Registered Land Survey 519 lying Northeasterly of Tract A and Northwesterly of County Road 62 has been included on the "List of Tax Forfeited Land No. 641-C," and WHEREAS, these lots have been acquired by the Village by the Village of Edina for drainage purposes , NOW, THEREFORE, BE IT RESOLVED that the Mayor Pro Tern and Clerk of this Village are hereby authorized and directed to convey the property listed above back to the State of Minnesota for resale, provided, however that the East 70 feet of that part of Tract B lying Northeasterly of Tract A and Northwesterly of County Road No. 62 be retained by the Village Eor drainage purposes and said officials shall execute such conveyance herewith, in form approved by the Attorney General. Motion for adoption of the resolution was seconded by Cou rollcall there were three ayes and no nays and 'I ATTEST : 7h!&&AL &, Yb Village Clerk EDEN PRAIRIE SEWER INTERCONNECTION AGREEMENT APPROVED SUBJECT TO APPROVAL OF VILLAGE ATTORNEY. be permitted to connect to the Edina sanitary sewer which serves the area adjacent to the interchange of County Road.18 and the Crosstown Highway. would extend for a three year period with possible renewal until such time as fac- ilities about to be installed in Eden Prairie are completed, possibly by 1972. Hyde indicated that this agreement was patterned after the agreement with the City Mr. Hyde presented an agreement whereby it is proposed that Eden Prairie This agreement Mr. i 3/18/68 u3 of Hopkins which was executed in 1966, and would limit the maximum rate of flow into the facility. capacity would be taxed, but stated that it 2s proposed to curtail construction of multiple dwellings in the.area in an attempt to hold the amount of sewage to a minimum. He further advised that the proper development of Eden Prairie in this area will be of benefit to Edina and that at the time of the Eden Prairie sewer construction, Edina properties may be able to connect to it. 'Following considerable discussion, Councilman Johnson offered the following resolution and moved its adoption: Mr. Hite noted that there is some possibility that sewer RESOLUTION APPROVING SEWER INTERCONNECTION AGREEMENT WITH EDEN PRAIRIE BE IT RESOLVED that the Mayor and the Manager are hereby authorized to enter into a sewer interconnection with Eden Prairie for a period of three years, subject to approval of said agreement by the Edina Village Attorney. I_ ORDINANCE NO. 66B-2 GRANTED SECOND READING. .Mr. Hyde presented Ordinance No. 66B-2 which prescribes additional safety regulations for plumbers for Second Reading. 'No comments being heard, Councilman Johnson offered Ordinance No. 66B-2 for S'econd Reading and moved its adoption as follows: ORDINANCE NO. 66B-2 AN ORDINANCE PRESCRIBING SAFETY REGULATIONS FOR PLUMBING WORK: AMENDING ORDINANCE NO, 66B THE VILLAGE COUNCIL OF THE-VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1; Section 8 of,Ordinance No. 66B is hereby amended by adding "Safety regulations applicable whenever the plumbing work requires the "There must be two men on each job at all times when work is in progress. "All hand dug holes must be cribbed from the top to bottom as they are dug. "All machine dug holes or ditches with perpendicular side walls must be shored or braced from top to bottom for their entire length. Metal box frames with 3/4" plywood sides or 3/4"'plywood with metal jack spreaders spaced every 3' on center horizontally and vertical1y;are acceptable as shoring. or shoring must be left in the excavation until after inspection. one foot out for every one and one half feet in depth. A seven foot ditch must be 11'4" across the top, an eight foot ditch must be 12'8" across the top, and a nine foot ditch must be 14 foot across the top, assuming a two foot width across the bottom. ditch. prevent their rolling back into the ditch. to make a connection, the slab or curb and gutter must be shored with 4x4 timbers. supported by 2 4x4 timbers resting on solid ground. at no more than 3 foot intervals. When digging next to foundations the proper safety precautions shall be observed, including bracing and shoring of walls to prevent cave-in, All excavations on streets or sidewalk ways must be protected by flares and barricades. "Because of the numerous underground services installed in the Village by the public utilities, the location of gas lines, telephone lines and electric lines must be ascertained by the person in charge of the work before digging is started." This ordinance shall be in full force and effect immediately upon its passage and publication. on rollcall there were three ayes and thereto the following: 8 digging of ditches or holes more than four feet deep: I" All frames "Unshored holes and ditches are acceptable only if the sides are sloped "All materials shall be kept back at least two feet from the edge of the All rocks or large frozen pieces must be piled far enough back to "Where it is necessary to tunnel or undermine a slab or a curb or gutter A 4x4 header must be placed under the slab or curb and gutter and Shores shall be placed "All excavations must be covered or barricadedewhen work is not in progress. Section 2, I I 3/18/68 APPRECIATION EXPRESSED FOR SERVICES OF MRS. ELVIRA VINSON, Council of the death of Mrs. E. H. (Elvira) Vinson who had served for many years as Librarian for the Village of Morningside. offered the following resolution and moved its adoption: e. Hyde advised Councilman Courtney then RESOLUTION OF CONDOLENCE WEEREAS, on March 10, 1968, death brought to a close the life of Elvira Hobbs Vinson'at the age of 92 years, and WHEREAS, Mrs. Vinson has served as Librarian of the Edina-Morningside Library for 41 years, starting in the Wooddale School in 1922 and subsequently serving at the Morningside Library until 1963 when she retired at the age of 87, and WHEREAS, over the years of loyal and devoted service Mrs. Vinson has won many friends and performed a great service to library patrons, NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Village of Edina express its sincere sympathy and that a copy of this resolution be forwarded to Mrs. Vinson's family. Motion for adoption of the resolution was s carried, JUNIOR LEAGUE MEMBERS who were osserving the meeting were introduced by'Mr.- , Hyde, - CLAIMS PAID. and carried for payment of the following claims: General Fund, $95,683.40; Construckion Fund, $46,128.31; Park, Park Construction, Swim Pool, Golf Course afld Arena, $19, 010.67; Water Fund, $4,916,32; Liquor Fund, $40,002,69; Sewer Rental Fund, $809.01; Poor Fund, $29.33, Total, $206,579.73. The meeting's agenda having been covered, Councilman Courtney's motion for ad- journment was seconded by Councilman Johnson and carried. Motion by Councilman Courtney was seconded by Councilman Johnson I Adjournment at 9:45 p.m. zkL&&GJ8k Village Clerk